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" If then the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such ordinary act must govern the case to which they both apply. "
La Revue critique de législation et de jurisprudence du Canada - Page 268
1871
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American Quarterly Review, Volume 2

Robert Walsh - 1827 - 674 pages
...of the very essence of judicial duty. If, then, the courts are to regard the Constitution ; and the Constitution is superior to any ordinary Act of the...Act, must govern the case to which they both apply." The Chief Justice proceeds — " Those, then, who controvert the principle, that the Constitution is...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - 1833 - 800 pages
...that the constitution is to be considered, in courts, as a paramount law, are reduced to the necesBity of maintaining, that courts must close their eyes on the constitution and see ouly the law. This doctrine would subvert the very foundation pendent structure they may repose...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...of the very essence of judicial dutyT^ If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the...both apply. Those, then, who controvert the principle thai the constitution ICr. 177. is to be considered in court as a paramount law, are reduced to the...
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The Public Statutes at Large of the United States of America, Volume 4

United States - 1850 - 906 pages
...Schooner Peggy. 1 Cranch, 103; 1 Cond. Rep. 256. If courts are to regard the constitution, and the constitution is superior to any ordinary act of the...act, must govern the case to which they both apply. Marbury v. Madison, 1 Cranch, 137 ; 1 Cond. Rep. 267. In the construction of a statute, positive and...
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The Public Statutes at Large of the United States of America, Volume 4

United States - 1848 - 880 pages
...Schooner Peggy. 1 Cranch, 103; 1 Cond. Rep. 256. If courts are to regard the constitution, and the constitution is superior to any ordinary act of the...ordinary act, must govern the case to which they both npplv. Marbury v. Madison, 1 Cranch, 137 ; 1 Cond. Rep. 267. In the construction of a statute, positive...
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Commentaries on the constitution of the United States, Volume 1

Joseph Story - 1851 - 642 pages
...of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the...constitution, and not such ordinary act, must govern the cose to which they both apply. garded, and the acts of the legislature and executive enjoy a secure...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 184

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 - 1916 - 830 pages
...of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the...act, must govern the case to which they both apply." The Constitution, section 1 of the schedule, declares that: "The common law and the statute laws now...
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The public statutes at large of the United States of America, from 1789 to ...

R. Peters - 1856 - 896 pages
...courts are to regard the constitution, and the constitution is superior to any ordinary act of tie legislature; the constitution, and not such ordinary act, must govern the case to which they both applt. Marbury v. Madison, 1 Cranch, 137 ; 1 Cond. Rep. 267. In the construction of a statute, positive...
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Books 1 & 2

William Blackstone, George Sharswood - 1860 - 874 pages
...This is of the essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the...necessity of maintaining that courts must close their oyes on the constitution and see only the law. This doctrine must subvert the very foundation of all...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1

Richard Peters - 1860 - 836 pages
...Schooner Рещ 1 Cranch, 103 ; 1 Comí. Rep. 256. 6. If courts are to regard the constitution, and Ihe constitution is superior to any ordinary act of the...act, must govern the case to which they both apply. Marbtiry v. Madison, I Cranch. 137; 1 Cond. Rep. 268. 7. In the construction of a statute, positive...
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