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" So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution,... "
Commentaries on American Law - Page 500
by James Kent - 1851
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - 1812 - 486 pages
...constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or conformably to the constitution, disregarding the law ; the court must determine which of these conflicting rules governs the case. This is of the very essence...
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A Discourse on the Lives and Characters of Thomas Jefferson and ..., Volume 1

William Wirt - 1826 - 690 pages
...constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or, conformably to the constitution, disregarding the law; the court must determine, which of these conflicting rules govern* the case. This is of the very essence...
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The North American Review, Volume 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 538 pages
...constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution, or conformably...their eyes on the constitution and see only the law?' pp. 4'24, 425. This doctrine has been sometimes doubted, and remarked upon with asperity, by the more...
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The North American Review, Volume 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 532 pages
...constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution, or conformably...their eyes on the constitution and see only the law?' pp. 424, 425. This doctrine has been sometimes doubted, and remarked upon with asperity, by the more...
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American Quarterly Review, Volume 2

Robert Walsh - 1827 - 674 pages
...the Constitution 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, disregarding the law ; the court must determine which of these conflicting rules governs the case. This ia of the very essence...
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A Discourse Delivered Before the Pilgrim Society, at Plymouth, on the Twenty ...

William Sullivan - 1830 - 72 pages
...constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or, conformably to the constitution, disregarding the law; the court must determine, which of these conflicting rules governs the case. This is of the very essence...
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Commentaries on American Law, Volume 1

James Kent - 1832 - 590 pages
...constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution, or conformably...and I consider it to be one of the most interesting points in favour of constitutional liberty, and of tbe securir' of property, in this country, that...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution ; or conformably to the constitution, disregarding the law ; the court must determine which of these conflicting rules governs the case. This is of the very essence...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 184

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
...Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence...
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Commentaries on American Law, Volume 1

James Kent - 1854 - 714 pages
...constitution, and both apply to a particular case, the court must either decide the case conformably to the the law, disregarding the constitution, or conformably...their eyes on the constitution, and see only the law 3 This great question may be regarded as now finally settled, and I consider it to be one of the most...
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