 I hold it to be a position equally clear and sound, that, in such case, it will be the duty of the court to adhere to the constitution, and to declare the act null and void. The constitution is the basis of legislative authority; it lies at the foundation...  Proceedings of the Canadian Institute - Page 30by Canadian Institute - 1884Full view - About this book
 | Robert Walsh - 1827 - 674 pages
...will be the duty of the court to adhere to the Constitution, and to declare the Act null and void. The Constitution is the basis of legislative authority...commission by which both legislators and Judges are bound to proceed. It is an important principle, which, in the discussion of questions of the present... | |
 | Alabama. Supreme Court, George Noble Stewart - 1835 - 526 pages
...will be the duty of the Court to adhere to the constitution, and to declare the act null and void. The constitution is the basis of legislative authority;...which both legislators and judges are to proceed. It is an important principle, which in the discussion of questions of the present kind, ought never... | |
 | Samuel Miller, Pennsylvania. Supreme Court - 1839 - 606 pages
...will be the duty of the court to adhere to the Constitution, and to declare the act null and void. The Constitution is the basis of legislative authority;...which both legislators and judges are to proceed. It is an important principle, which in the discussion of questions of the present kind, ought never... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - 1845 - 620 pages
...will be the duty of the court to adhere to the Constitution, and to declare the act null and void. The Constitution is the basis of legislative authority;...which both legislators and judges are to proceed. It is an important principle, which, in the discussion of questions of the present kind, ought never... | |
 | Samuel Owen - 1846 - 494 pages
...court to adhere to the constitution and declare the act null and void ; and that for the reason that the constitution is the basis of legislative authority....of all law, and is a rule and commission by which legislatures and judges are to proceed. However it may be in other countries, in this, at least, the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1855 - 648 pages
...of words which should be held sacred, it is the plain language of the fundamental law. " It is the rule and commission by which both legislators and judges are to proceed." 2 Dallas 304. The Courts dare not deal with that instrument in a " double sense." In giving it construction,... | |
 | Richard Peters - 1860 - 836 pages
...will he the duty of the court to adhere to the constitution, and to declare the act null and void. The constitution is the basis of legislative authority;...all law, and is a rule and commission by which both leaislalors and judges are to proceed. It is an important principle, which, in the discussion of questions... | |
 | Georgia. Supreme Court - 1869 - 790 pages
...will be the duty of the Courts to adhere to the constitution, and to declare the act nidi and void. The constitution is the basis of legislative authority...which both legislators and judges are to proceed. The constitution fixes limits to the exercise of legislative authority, and prescribes the orbit in... | |
 | 1887 - 884 pages
...the courts to adhere to the constitution, and to declare the act null and void. The constitution i» the basis of legislative authority; it lies at the...which both legislators and judges are to proceed. The constitution fixes limits to the exercise of legislative authority, and prescribes the orbit in... | |
 | 1890 - 868 pages
...will be the duty of the court to adhere to the constitution, and to declare the act null and void. The constitution is the basis of legislative authority....which both legislators and judges are to proceed. It is an important principle, which in the discussion of questions of the present kind ought never... | |
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