 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1804 - 514 pages
...necefllty expound and interpret that rule. If two laws conffift with each •ther, the courts muft decide on the operation of each. So if a law be in oppofition to the conftitution ; if v. both the law and the conftitution apply to a particular MADIsON.... | |
 | Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1809 - 676 pages
...repugnant to that instrument is void." p. 180. " It is emphatically the province and duty of the judi" cial department to say what the law is. Those who apply...to particular cases, must of necessity expound and inter•' pret that rule. If two laws conflict with each other, the courts " must decide on the operation... | |
 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 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...other, the courts must decide on the operation of each. 178 *So if a law be in opposition to the constitution; if both the law and the constitution apply to... | |
 | William Wirt - Funeral sermons - 1826 - 690 pages
...legislature, repugnant to the constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...' 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... | |
 | Robert Walsh - American literature - 1827 - 674 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...operation of each. So, if a law be in opposition to tin' Constitution ; if both the law and the Constitution apply to a particular case, so that the court... | |
 | William Sullivan - New England - 1830 - 72 pages
...legislature, repugnant to the constitution, is void. 'It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...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... | |
 | Joseph Story - Constitutional history - 1833 - 800 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...each. So if a law be in opposition to the constitution ; if both the law and the constitution apply to a particular cnse ; so that the court must either decide... | |
 | Robert Walsh - American literature - 1827 - 686 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...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 decide that... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...receive a more attentive consideration. jit is emphatically the province and duty j>f the judicial department to say what the law is. Those who apply...and interpret that 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... | |
 | 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...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... | |
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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... 
