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" If two laws conflict with each other, the courts must decide on the operation of each. 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... "
City Club Bulletin - Page 276
1916
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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...act, must govern the case to which they both apply. Those, then, who controvert the principle that the constitution is to be considered, in court, as a...
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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...court must determine, which of these conflicting rules govern* the case. This is of the very essence of judicial duty.' 6 Page 41. How does it happen that...
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American Quarterly Review, Volume 2

Robert Walsh - 1827 - 674 pages
...and the Constitution apply to a particular case, so that the court must decide that case, conformably to the law, disregarding the Constitution ; or, conformably...of these conflicting rules governs the case. This ia of the very essence of judicial duty. If, then, the courts are to regard the Constitution ; and...
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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 to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these...
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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 to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these...
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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...case. This is of the very essence of judicial duty.' 6 Page 41. How does it happen that the history of our own country is not made a distinct and prominent...
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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 to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - 1833 - 800 pages
...constitution apply to a particular cnse ; so that the court must either decide that case conformably to the law, disregarding the constitution ; or conformably to the constitution, disregarding the law ; tlie court must determine, which of these conflicting rules governs the case. This is of the very...
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American Quarterly Review, Volume 2

Robert Walsh - 1827 - 686 pages
...the law ; the court must determine which of these conflicting rules governs the case. This it of Hie very essence of judicial duty. If, then, the courts...Act, must govern the case to which they both apply." The Chief Justice proceeds— " Those, then, who controvert the principle, that the Constitution is...
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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...the case. This is of the very essence of judicial dutyT^ If, then, the courts are to regard the constitution, and the constitution is superior to any...
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