 It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on...  Leading Cases on American Constitutional Law - Page 250by Lawrence Boyd Evans - 1925 - 1382 pagesFull view - About this book
 | United States. Supreme Court, William Cranch - 1812 - 486 pages
...that rule. If two laws conflict with each other, the courts must decide on the operation of each. 178 *So if a law be in opposition to the constitution;...case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or conformably to the constitution, disregarding... | |
 | William Wirt - 1826 - 690 pages
...legislature, repugnant to the constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or, conformably to the constitution, disregarding... | |
 | William Sullivan - 1830 - 72 pages
...legislature, repugnant to the constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or, conformably to the constitution, disregarding... | |
 | Joseph Story - 1833 - 800 pages
...to the constitution is not law ; if the latter part be true, then written constitutions are obsurd attempts, on the part of the people, to limit a power,...the law and the constitution apply to a particular cnse ; so that the court must either decide that case conformably to the law, disregarding the constitution... | |
 | Robert Walsh - 1827 - 686 pages
...operative as if it was a law ? This would be to overthrow in fact, what was established in theory j and would seem, at first view, an absurdity too gross...apply to a particular case, so that the court must decide that case, conformably to the law, disregarding the Constitution; or, conformably to the Constitution,... | |
 | John Marshall - 1839 - 762 pages
...rule. If two laws conflict with eacii other, the courts must decide on the operation of each.> So.jif a law be in opposition to the constitution ; if both...case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or conformably to the constitution, disregarding... | |
 | Joseph Story - 1851 - 642 pages
...society. It is not, therefore, to be lost sight of, in the further consideration of this •abject . If an act of the legislature, repugnant to the constitution,...case ; so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 830 pages
...terse language of Chief Justice Marshall in Marbury v. Madison, I Cranch, 137-178, is appropriate here: "If two laws conflict with each other, the courts...case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding... | |
 | Henry Flanders - 1858 - 572 pages
...interesting to the United States; but, happily, not of an intricacy proportioned to its interest.' ( If an act of the Legislature repugnant to the Constitution...case, so that the court must either decide that case conformably to the law, disregarding the Constitution ; or, conformably to the Constitution, disregarding... | |
 | George Sharswood - 1860 - 212 pages
...most convincing argument of its importance. " It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding... | |
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