 | Brinton Coxe - 1893 - 446 页
...constitution, disregarding the law : the ' ' court must determine which of these conflicting rules govern " the case. This is of the very essence of judicial..." Those then who controvert the principle that the con" stitution is to be considered, in court, as a paramount law, "are reduced to the necessity of... | |
 | James Bradley Thayer - 1894 - 470 页
...the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules...the courts are to regard the Constitution, and the Constttution is superior to any ordinary Act of the Legislature, the Constitution, and not such ordinary... | |
 | 1916 - 412 页
...the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules...act, must govern the case to which they both apply.' " Prof. James B. Thayer, one of our greatest authorities on constitutional law, pointed out several... | |
 | 1895 - 856 页
...rule. If two laws conflict with each other, the courts must decide on the operation of each. This is the very essence of judicial duty. If, then, the courts...to regard the Constitution, and the Constitution is sjperior to any ordinary acts of the legislature, the Constitution, and not such ordinary act, must... | |
 | Maryland State Bar Association - 1913 - 318 页
...rule. If two laws conflict with each other, the courts must decide on the operation of each. This is the very essence of judicial duty. If, then, the courts...act, must govern the case to which they both apply." After this clear exposition of judicial duty, affirmed and followed by the wisest and sincerest friends... | |
 | William Pinckney Fishback - 1896 - 502 页
...the law, disregarding the constitution, or conformably to the constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty. If then the courts are to regard the constitution, and the constitution... | |
 | Lawrence Boyd Evans - 1898 - 702 页
...the law, disregarding the constitution, or conformably to the constitution, disregarding the law, the court must determine which of these conflicting rules...legislature, the constitution, and not such ordinary aet, must govern the case to which they both apply. Those, then, who controvert the principle that... | |
 | Michel Mathieu - 1898 - 600 页
...the law disregarding the Constitution, or conformably to the Constitution disregarding the law, the Court must determine which of these conflicting rules...the case. This is of the very essence of judicial dut} r . If then the Courts are to regard the Constitution, and the Constitution is superior to any... | |
 | Emlin McClain - 1900 - 1134 页
...law, disregarding the Constitution, or conformably to the Constitution, disregarding the law,' the court must determine which of these conflicting rules...superior to any ordinary act of the legislature, the Con-\ stitution, and not such ordinary act, must govern the case to which they both apply. Those, then,... | |
 | Horace Gray - 1901 - 74 页
...law, disregarding the Constitution ; or conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules...act, must govern the case to which they both apply." " The particular phraseology of the Constitution of the United States confirms and strengthens the... | |
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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,... 
