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" I take it to be a clear position, that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that in such case, it will be the... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Страница 416
по Alabama. Supreme Court, George Noble Stewart - 1835
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A Digested Index to the Modern Reports, of the Courts of Common Law ..., Том 1

Nicholas Baylies - 1814 - 576 страници
...of government. 2 Dallas, 307, 8, 9. 6 If a legislative act oppugns a constitutional principle, tlit former must give way, and be rejected on the score of repugnance, 2 Dallas, ao7 to 3lfi. 7 The quieting act (in relation to the Wyoming controversy) was a violation...

Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Том 5

Louisiana. Supreme Court, Merritt M. Robinson - 1845 - 620 страници
...immovable as a mountain amidst the strife of storms, or a rock in the ocean, amidst the raging waves. It is a clear position, that if a legislative act oppugns...give way, and be rejected on the score of repugnance. It is a position equally clear and sound, that in such case, it will be the duty of the court to adhere...

The New-York Legal Observer, Том 4

Samuel Owen - 1846 - 494 страници
...provision, such an art is unquestionably void. It is a clear point, that if a legislative act oppunes a constitutional principle, the former must give way and be rejected on the score of repuornanco. In such cases it is the duty of the court to adhere to the constitution and declare the...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Том 1

Georgia. Supreme Court - 1847 - 710 страници
...miscbievnsequences attendant on that contended for, never can be right. Craig et al. ri. iMallbie.And while it is a clear position, that if a legislative act oppugns...constitutional principle, the former must give way, and that in every such caso it will be the duty of the court to declare the statute null, on the score...

Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 1004 страници
...rock in the ocean amid the raging waves. That it was a clear position, if a legislative act opposes a constitutional principle, the former must give way and be rejected on the score of repugnance. It was the duty of the court in such a case to adhere to the constitution, and to declare the act of...

The Debates and Proceedings in the Congress of the United States: With an ...

Joseph Gales - 1851 - 716 страници
...Judge Patterson lias expressed the same opinion, when he could have had no view to this question : " I hold it to be a position equally clear and sound, that in such a case, it will be the duty of the court to adhere to the Constitution and to declare the act null...

The Congressional Globe

United States. Congress - 1851 - 722 страници
...Judge Patterson I, as expressed the same opinion, when he could have had no view to this question : '' I hold it to be a position equally clear and sound, that in such a case, it will be the duty of the court to adhere to the Constitution and to declare the act null...

A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Том 1

Richard Peters - 1860 - 836 страници
...the OCPÍIII amidst the raging waves. It is a clear position, that if a legislative act oppugns л constitutional principle, the former must give way, and be rejected on the score of repugnance. It is a position equally clear and sound, that, in such case, it will he the duty of the court to adhere...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Том 37

Georgia. Supreme Court - 1869 - 790 страници
...immovable, as a mountain amidst the strife of storms, or a rock in the ocean amidst the raging waves. It is a clear position, that if a legislative act oppugns...give way and be rejected on the score of repugnance. It is a position equally clear and sound, that in such cases it will be the duty of the Courts to adhere...

The Political Code of the State of California, Том 2

California - 1872 - 732 страници
...may please, without the consent or default of the corporation. — Id. CONSTITUTIONALITY OF LAWS. — If a legislative Act oppugns a constitutional principle...former must give way, and be rejected on the score of repugnancy, and it is the duty of the Court to declare the Act null and void. — Vanhorne vs. Dorrance,...




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