 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...that rule. If two laws conflict with each other, the courts must decide on the operation of each. 178 *So if a law be in opposition to the constitution;...case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary... | |
 | William Wirt - Funeral sermons - 1826 - 690 pages
...constitution, disregarding the law; the court must determine, which of these conflicting rules govern* the case. This is of the very essence of judicial...Page 41. How does it happen that the history of our oton country is not made a distinct and prominent part of liberal education, and even of that which... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...law, disregarding the constitution ; or conformably to the constitution, disregarding the law ; tlie court must determine, which of these conflicting rules...case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution ; and the constitution is superior to any ordinary... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...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 constitution ; if both...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... | |
 | Joseph Story - Constitutional history - 1851 - 642 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...case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary... | |
 | 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...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Henry Flanders - 1858 - 572 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...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | George Sharswood - Legal ethics - 1860 - 212 pages
...most convincing argument of its importance. " It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | John Fulton - Constitutional history - 1864 - 582 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...case. This is of the very essence of judicial duty. "If then the courts are to regard the Constitution,—and the Constitution is superior to any ordinary... | |
 | Impeachments - 1868 - 542 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...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution — and the Constitution is superior to aoy ordinary... | |
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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 to the law, disregarding the constitution, or conformably to the constitution,... 
