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" If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature,... "
Commentaries on the Constitution of the United States: With a Preliminary ... - Страница 428
по Joseph Story - 1833 - 776 страници
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Proceedings of the ... Annual Meeting of the Indiana State Bar Association

Indiana State Bar Association (1916- ) - 1911 - 386 страници
...contrary to the Constitution is not law. If the latter part be true, then written Constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable. * * * If an act of the Legislature repugnant to the Constitution is void, does it, notwithstanding...

The Usurped Power of the Courts

Allan Louis Benson - 1911 - 72 страници
...contrary to the constitution is not law; ifthe latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable. "It is emphatically the province and duty of the judicial department to say what the law is. Those...

Addresses by Honorable William H. Taft ... and by Honorable Elihu Root ...

1912 - 48 страници
...to the Constitution, is not law : if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable." We must choose between having prescribed rules of right conduct, binding in every case so long as they...

The Bar: West Virginia, Том 19

1912 - 516 страници
...contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable " We must choose between having prescribed rules of right conduct, binding in every case so long as...

The Annals of the American Academy of Political and Social Science, Том 43

1912 - 374 страници
...contrary co the constitution is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable. A Significant Example of Fallacious Statement Ex-President Roosevelt cites Australia as a country where...

The Historic Relation of Judicial Power to Unconstitutional Legislation

Hampton Lawrence Carson - 1911 - 22 страници
...contrary to the Constitution is not law. If the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable — If an act of a legislature, repugnant to the Constitution, is void, does it, notwithstanding its...

Federal Courts and Practice: All Sherman Law Trust Prosecutions and Syllabus ...

John A. Shields - 1912 - 946 страници
...contrary to the Constitution is not law; if the latter be true, then written Constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable. The extracts from this famous decision here quoted are more than sufficient to illustrate the clean-cut...

The Editorial Review, Том 7

1912 - 270 страници
...contrary to the Constitution is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature, illimitable." It is in the exercise of this power of annulling statutes as being contrary to the State and National...

The Editorial Review, Том 6

1912 - 698 страници
...contrary to the Constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its nature illimitable." Chief Justice John Marshall did not see that there is a "middle ground" which...

The Constitution, the Court, and the People: Article in the Yale Law Journal ...

Ralph W. Breckenridge - 1913 - 24 страници
...to the Constitution, is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable. That distinguished teacher, writer, and juristic philosopher, Roscoe Pound, recently said : A generation...




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