 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...  The American Law Register and Review - Page 8051895Full view - About this book
 | Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1809 - 676 pages
...void." p. 180. " It is emphatically the province and duty of the judi" cial department to say what the law is. Those who apply the " rule to particular cases, must of necessity expound and inter•' pret that rule. If two laws conflict with each other, the courts " must decide on the operation... | |
 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...other, the courts must decide on the operation of each. 178 *So if a law be in opposition to the constitution; if both the law and the constitution apply to... | |
 | William Wirt - Funeral sermons - 1826 - 690 pages
...constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...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... | |
 | Robert Walsh - American literature - 1827 - 674 pages
...attentive consideration. " It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...other, the courts must decide on the operation of each. So, if a law be in opposition to tin' Constitution ; if both the law and the Constitution apply to... | |
 | William Sullivan - New England - 1830 - 72 pages
...constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...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... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...attentive consideration. "It is emphatically the province and duty of the judicial department to say, what the law is. Those, who apply the rule to particular...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... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...attentive consideration. jit is emphatically the province and duty j>f the judicial department to say what the law is. Those who apply the rule to particular...and interpret that 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... | |
 | 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 - Law reports, digests, etc - 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 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... | |
 | George Van Santvoord - Electronic books - 1854 - 550 pages
...irresistibly follows : "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...that rule. If two laws conflict with each other, the court must decide on the operation of each. So if a law be in opposition to the Constitution," &c.,... | |
 | George Van Santvoord - Judges - 1854 - 554 pages
...emphatically the province and duty of the jndicial department to say what the law is. Those who apply the rale to particular cases must of necessity expound and...that rule. If two laws conflict with each other, the court must decide on the operation of each. So if a law be in opposition to the Constitution," &c.,... | |
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