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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 disregarding... "
Proceedings of the ... Annual Meeting of the North Carolina Bar Association - Page 21
by North Carolina Bar Association - 1908
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - Court rules - 1812
...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...these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the...
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A Discourse on the Lives and Characters of Thomas Jefferson and ..., Volume 1

William Wirt - Funeral orations - 1826 - 67 pages
...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...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 - American literature - 1827
...both the law and the Constitution apply to a particular case, so that the court must decide that case, conformably to the law, disregarding the Constitution...of these conflicting rules governs the case. This ia of the very essence of judicial duty. If, then, the courts are to regard the Constitution ; and...
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The North American Review, Volume 24

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1827
...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 - American fiction - 1827
...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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A Discourse Delivered Before the Pilgrim Society, at Plymouth, on the Twenty ...

William Sullivan - New England - 1830 - 57 pages
...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...these conflicting rules governs the case. This is of the very essence of judicial duty.' 6 Page 41. How does it happen that the history of our own country...
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Commentaries on American Law, Volume 1

James Kent - Law - 1832
...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 - Constitutional history - 1833 - 776 pages
...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...conformably to the constitution, disregarding the law ; tlie court must determine, which of these conflicting rules governs the case. This is of the very...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 728 pages
...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...these conflicting rules governs the case. This is of the very essence of judicial dutyT^ If, then, the courts are to regard the constitution, and the...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851
...court must either decide the case conformably to 1 Hasr. & Johns. Maryland Rep. 236. b 1 Craruh, 137. the law, disregarding the constitution, or 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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