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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... "
Congressional Serial Set - Page 6
1913
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - 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....
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 1

Horace Binney, Pennsylvania. Supreme Court - 1809 - 676 pages
...Those who apply the " rule 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 of each." p. 177. I feel that I should be guilty of injustice to the elaborate argument of the chief justice,...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - 1812 - 486 pages
...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 the operation of each. 178 *So if a law be in opposition to the constitution; if both the law and the constitution apply to...
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A Discourse on the Lives and Characters of Thomas Jefferson and ..., Volume 1

William Wirt - 1826 - 690 pages
...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...court must determine, which of these conflicting rules govern* the case. This is of the very essence of judicial duty.' 6 Page 41. How does it happen that...
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American Quarterly Review, Volume 2

Robert Walsh - 1827 - 674 pages
...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...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...
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The North American Review, Volume 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 538 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...conformably to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these...
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The North American Review, Volume 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1827 - 532 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...conformably to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these...
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Commentaries on American Law, Volume 1

James Kent - 1832 - 590 pages
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...conformably to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - 1833 - 800 pages
...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...the law and the constitution apply to a particular cnse ; so that the court must either decide that case conformably to the law, disregarding the constitution...
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American Quarterly Review, Volume 2

Robert Walsh - 1827 - 686 pages
...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...apply to a particular case, so that the court must decide that case, conformably to the law, disregarding the Constitution; or, conformably to the Constitution,...
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