 | Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...of government. 2 Dallas, 307, 8, 9. 6 If a legislative act oppugns a constitutional principle, tlit former must give way, and be rejected on the score of repugnance, 2 Dallas, ao7 to 3lfi. 7 The quieting act (in relation to the Wyoming controversy) was a violation... | |
 | Robert Walsh - American literature - 1827 - 674 pages
...trial by jury; and asks, could the legislature annul them? He then proceeds : — " I take it to be a clear position, that if a legislative Act oppugns...give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that, in such case, it will be the duty of the... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...legislature, and can be revoked or altered only by the authority that made it" Again, "I take it to be a clear position, that if a legislative act oppugns...give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that in such case, it will be the duty of the Court... | |
 | Samuel Miller, Pennsylvania. Supreme Court - Church polity - 1839 - 606 pages
...against the strife of storms, or a rock in the ocean amidst the raging of the waves. I take it to be a clear position; that if a legislative act oppugns...give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that, in such case, it will be the duty of the... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1845 - 620 pages
...States,) is stable and permanent, not to be worked upon by the temper of the times, nor to rise or fall with the tide of events; notwithstanding the...is 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... | |
 | Samuel Owen - Law - 1846 - 494 pages
...provision, such an art is unquestionably void. It is a clear point, that if a legislative act oppunes a constitutional principle, the former must give way and be rejected on the score of repuornanco. In such cases it is the duty of the court to adhere to the constitution and declare the... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...rock in the ocean amid the raging waves. That it was a clear position, if a legislative act opposes a constitutional principle, the former must give way and be rejected on the score of repugnance. It was the duty of the court in such a case to adhere to the constitution, and to declare the act of the... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...the OCPÍIII amidst the raging waves. It is a clear position, that if a legislative act oppugns л constitutional principle, the former must give way,...a position equally clear and sound, that, in such case, it will he the duty of the court to adhere to the constitution, and to declare the act null and... | |
 | California - California - 1872 - 732 pages
...may please, without the consent or default of the corporation. — Id. CONSTITUTIONALITY OF LAWS. — If a legislative Act oppugns a constitutional principle...former must give way, and be rejected on the score of repugnancy, and it is the duty of the Court to declare the Act null and void. — Vanhorne vs. Dorrance,... | |
 | Law reports, digests, etc - 1887 - 884 pages
...there is no security for the protection of either persons or property. In Vanhorn v. Dorrance, 2 Dall. 304, the supreme court of the United States, soon...adhere to the constitution, and to declare the act null and void. The constitution i» the basis of legislative authority; it lies at the foundation of... | |
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I take it to be a clear position that if a legislative act oppugns a constitutional principle the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound that in such case, it will be the duty... 
