 | Michel Rosenfeld - History - 1994 - 452 pages
...determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the courts are to regard the constitution;...is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution,... | |
 | Lyman Tower Sargent - Political Science - 1995 - 406 pages
...RESPONSIBILITY 1 . This Bill of Rights is superior to any ordinary act of the Legislature; the Bill of Rights and not such ordinary act, must govern the case to which they both apply. 2. All laws which are repugnant to this Bill of Rights are null and void. 4. All acts of a Legislature... | |
 | Anders Breidlid - Art - 1996 - 432 pages
...determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution,...act, must govern the case to which they both apply. 49 ANDREW JACKSON FROM Proclamation to the People of South Carolina (1832) Here is a law of the United... | |
 | Austin Sarat, Thomas R. Kearns - Language Arts & Disciplines - 1996 - 354 pages
...must decide on the operation of each. . . . This is the very essence of the judicial duty. . . . Those who controvert the principle that the constitution is to be considered, in court, as a paramount law . . . subvert the very foundation of all written constitutions.64 Here, however, Marshall seems to... | |
 | Bradford P. Wilson, Ken Masugi - Law - 1998 - 328 pages
...is." 2) "If two laws conflict with each other, the courts must decide on the operation of each." 3) "If, then, the courts are to regard the constitution,...act, must govern the case to which they both apply."" 9 5 US 137 (18o3). My analysis of the legitimacy of judicial review concentrates on the review of federal... | |
 | William Bondy - Separation of powers - 1998 - 186 pages
...which of these conflicting rules governs the case. This is of the very essence of judicial duty. " If, then, the courts are to regard the constitution,...constitution is to be considered in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution and... | |
 | Orrin G. Hatch - 1998 - 326 pages
...* It is emphatically the province and duty of the judicial department to say what the law is. * * * If, then, the courts are to regard the constitution,...is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution,... | |
 | Bardo Fassbender - Political Science - 1998 - 444 pages
...such government must be, that an act of the legislature, repugnant to the constitution, is void ... . If, then, the .courts are to regard the constitution,...ordinary act, must govern the case to which they both apply.38 Although the Framers imagined the Constitution as an authoritative text and the highest form... | |
 | Hermann-Wilfried Bayer - Business & Economics - 1997 - 872 pages
...US (l Cranch), 137, 177 f (1803; Einfuhrung des judicial review durch den US Supreme Court): "If ... the courts are to regard the constitution; and the...act, must govern the case to which they both apply"; vgl. dazu auch Brugger (Rdn 37), 8 ff, beachte: 1 . Die Zahl der Fälle, in denen das BVerfG Gesetze... | |
 | Jean Edward Smith - Biography & Autobiography - 1998 - 788 pages
...Marshall's conclusion was inescapable. If the courts are obliged to interpret the Constitution, and if the Constitution "is superior to any ordinary act...act, must govern the case to which they both apply." Earlier in the Court's decision, Marshall had recognized vast areas of political discretion that were... | |
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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. 
