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" 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... "
A Discourse Delivered Before the Pilgrim Society, at Plymouth, on the Twenty ... - Page 50
by William Sullivan - 1830 - 57 pages
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The North American Review, Volume 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1827 - 532 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...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 - American fiction - 1827 - 538 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...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 American Law, Volume 1

James Kent - Law - 1832 - 590 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...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 - Constitutional history - 1833 - 800 pages
...opposition to the constitution ; if both the law and the constitution apply to a particular cnse ; so that the court must either decide that case conformably...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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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...court must either decide the case conformably to 1 Hasr. & Johns. Maryland Rep. 236. b 1 Craruh, 137. 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 American Law, Volume 1

James Kent - Law - 1854 - 714 pages
...constitution, and both apply to a particular case, the court must either decide the case conformably to the 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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Books 1 & 2

William Blackstone, George Sharswood - Law - 1860 - 874 pages
...government inconsistent with it of any validity. The courts will pronounce such acts invalid, null, and void. "It is emphatically the province and duty of...disregarding the law, the court must determine which of the conflicting rules governs the case. This is of the essence of judicial duty. If, then, the courts...
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Commentaries on American Law, Volume 1

James Kent - Law - 1866 - 722 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...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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La Revue critique de législation et de jurisprudence du Canada, Volume 2

Jurisprudence - 1872 - 524 pages
...however receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...Constitution ; or conformably to the Constitution disregardmg the law ; the court must determine which of these con flicting rules governs the case....
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Commentaries on the Constitution of the United States: With a ..., Volume 2

Joseph Story - Constitutional history - 1873 - 744 pages
...receive a more attentive consideration. " It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...conformably to the Constitution, disregarding the law j the court must determine which of these conflicting rules governs the case. This is of the very essence...
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