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" It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution... "
A Discourse Delivered Before the Pilgrim Society, at Plymouth, on the Twenty ... - Page 50
by William Sullivan - 1830 - 57 pages
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose that limitation committed to writing, if these limits...other acts, is alterable when the legislature shall choose to alter it.(a) § 402. " In the United States, the principle in the English government, that...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to-be contested, that the constitution controls any legislative...other acts, is alterable when the legislature shall choose to alter it.(a) § 402. " In the United States, the principle in the English government, that...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 102

Ohio. Supreme Court - Law reports, digests, etc - 1922 - 848 pages
...proposition too plain to be contested, that the constitution conDissenting Opinion, per WANAMAKER, J. trols any legislative act repugnant to it ; or, that the...alterable when the legislature shall please to alter it." Cheerfully conceding that the majority have conscientiously arrived at a different conclusion, I have...
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The Central Law Journal, Volume 91

Law - 1920 - 516 pages
...limits may, at any time, be passed by those intended to be restrained? The dis(«) »4 US 113. tinction between a government with limited and unlimited powers...alterable when the legislature shall please to alter it." Passing now from the original and earlier development of the doctrine of the police power in the federal...
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Proceedings of the Annual Session of the Bar Association of Tennessee, Volume 32

Tennessee Bar Association - Bar associations - 1913 - 282 pages
...are of equal obligation. It is a proposition too plain to be contested, that the Constitution combats any legislative act repugnant to it; or that the Legislature...when the legislature shall please to alter it. If an Act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity,...
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Sketches of the Lives, Times and Judicial Services of the Chief Justices of ...

George Van Santvoord - Electronic books - 1882 - 760 pages
...unlimited powers is abolished, if these limits do not confine the persons on whom they are imposed. It is a proposition too plain to be contested, that...like other acts, is alterable when the Legislature snail please to alter it. " If the former part of the alternative be true, then a legislative act contrary...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 112

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1885 - 838 pages
...contested, that the Constitution controls any legislative act repugnant to it, or that the legislature can alter the Constitution by an ordinary act. Between...when the legislature shall please to alter it. If tho former part of the alternative be true, then a legislative act contrary to the Constitution is...
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The Green Bag, Volume 15

Law - 1903 - 658 pages
...persons on whom they are imposed, and if acts prohibited and acts allowed arc of equal obligation. ... . The Constitution is either a superior paramount law,...to alter it. If the former part of the alternative is true, then a legislative act contrary to the Constitution is not law; if the latter part be true,...
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An Essay on Judicial Power and Unconstitutional Legislation, Being a ...

Brinton Coxe - Constitutional law - 1893 - 446 pages
...alternatives there is no middle ground. "The constitution is either a superior, paramount law. un" changeable by ordinary means, or it is on a level with or"dinary..." when the legislature shall please to alter it." This is a dilemma, at which the reasoning has arrived, by proceeding through a series of inferences...
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City Club Bulletin, Volume 11

New York (N.Y.) - 1916 - 412 pages
...committed to writing, if these limits may, at any time, be passed by those intended to be restrained ? " ' The Constitution is either a superior paramount law,...legislature shall please to alter it. If the former part of the_ alternative be true, then a legislative act contrary to the Constitution is not law;' if the latter...
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