 If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it...  American Quarterly Review - Page 184edited by - 1827Full view - About this book
 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1804 - 514 pages
...courts, and oblige them to give it efleft ? Or, in other words, though it be not law, does it conftitute a rule as operative as if it was a law ? This would be to overthrow in faft what was eftablifhed in theory ; and would feem, at firft view, an abfurdity too grofs to be infifted... | |
 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...subject. If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...subject. If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative, as if it was a law ? This would be to overthrow in fact,... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...subject. If an act of the legislature repugnant to the constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Henry Flanders - 1858 - 572 pages
...interest.' ( If an act of the Legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact... | |
 | John Fulton - Constitutional history - 1864 - 582 pages
...subject. " If an act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative aa if it was a law ? This would be to overthrow in fact... | |
 | Edward McPherson - Reconstruction - 1869 - 144 pages
...Marshall, " an act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts and oblige them to give it effect? Or, ifl other words, ihough it be not law, does it constitute a rule as operative as if it was a law?"... | |
 | Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - Law reports, digests, etc - 1870 - 708 pages
...subject. If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Edward McPherson - United States - 1872
...Marshall* " an act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts and oblige them to...give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as.if.it was a law ? " And he remarks : " This would be... | |
 | Jurisprudence - 1871 - 524 pages
...of the legislature,'' disait-elle * repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to...give it effect ? Or. in other words. though it be not law, does it constitute a rule aa operative as if it was a law? This would be to overthrow in fact... | |
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