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
| 1910 - 174 pages
...of the alternative be true, then a legislative act contrary to the Constitution is not law : if the latter part be true, then written constitutions are...case, so that the court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding... | |
| Percy Lewis Kaye - 1910 - 594 pages
...of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are...case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution, disregarding... | |
| Percy Lewis Kaye - 1910 - 560 pages
...of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are...law and the constitution apply to a particular case, BO that the court must either decide that case conformably to the law, disregarding the constitution,... | |
| James Wilford Garner - 1910 - 630 pages
...illimitable." The great chief justice concluded that "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... | |
| David Kemper Watson - 1910 - 1140 pages
...Constitution. In his opinion Marshall said (p. 177), "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...Constitution ; if both the law and the Constitution applied to a particular case, so that the court must either decide that case conformably to the law,... | |
| James Wilford Garner - 1910 - 642 pages
...cases must of necessity expound and interpret that rule. 1 "The Federalist " (Dawson's ed.)i p. 542If two laws conflict with each other, the courts must...case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution, disregarding... | |
| 1911 - 1164 pages
...speaking through Chief Justice Marshall, said: "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...Constitution apply to a particular case, so that the court insist cither decide that case conformably to Ihe law. disregarding the Constitution, or conformably... | |
| 1926 - 1034 pages
...of the alternative be true, then a legislative act contrary to the Constitution is not law; if the latter part be true, then written Constitutions are...case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding... | |
| E. Lauterpacht, C. J. Greenwood - 1992 - 826 pages
...classicus: 'It is emphatically the province and duty of tlicjudicial department to say what the law is ... If two laws conflict with each other, the courts must...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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