 | 1884 - 400 страници
...ever since governed our highest court, may be seen by a short extract from the opinion he delivered: " The question whether an act repugnant to the Constitution...bind the courts and oblige them to give it effect ? This would be to overthrow, in fact, what was established in theory, and would' seem, at first view,... | |
 | William Henry Rawle - 1884 - 48 страници
...repugnant to it was void, such an act could 22 not bind the courts and oblige them to give it effect. This would be to overthrow in fact what was established in theory. It was of the very essence of judicial duty to expound and interpret the law ; to determine which of... | |
 | 1884 - 112 страници
...repugnant to it was void, such an aCt could not bind the courts and oblige them to give it effect. This would be to overthrow in fact what was established in theory. It was of the very essence of judicial duty to expound and interpret the law; to determine which of... | |
 | Allan Bowie Magruder - 1885 - 312 страници
...an original action for that paper, and, therefore, seems not to belong to appellate but to original jurisdiction. The authority, therefore, given to the...give it effect ? Or, in other words, though it be not a law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Allan Bowie Magruder - 1885 - 326 страници
...for that paper, and, therefore, seems not to belong to appellate but to original jurisdiction. NThe authority, therefore, given to the Supreme Court,...give it effect ? Or, in other words, though it be not a law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Allan Bowie Magruder - 1885 - 308 страници
...judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be 'e Constitution, and it "becomes necessary to inquire...give it effect ? Or, in other words, though it be not a law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Sir Fortunatus Dwarris - 1885 - 698 страници
...our society. It is not therefore to be lost sight of, in the further consideration of the subject. If an act of the legislature, repugnant to the constitution,...overthrow in fact, what was established in theory ; and it would seem, at first view, an absurdity, too gross t6 be insisted on. It shall however, receive... | |
 | Allan Bowie Magruder - 1885 - 318 страници
...interesting to the United States; but, happily, not of an intricacy proportioned to its interest. vlf an act of the legislature repugnant to the Constitution...give it effect ? Or, in other words, though it be not a law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact... | |
 | Allan Bowie Magruder - 1885 - 334 страници
...invalidity, bind the courts and oblige them to give it effect ? Or, in other words, though it be not a law, does it constitute a rule as operative as if...established in theory ; and would seem, at first view, au absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.... | |
| |
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... 
