 The power and duty of the judiciary to disregard an unconstitutional act of Congress, or of any State Legislature, were declared in an argument approaching to the precision and certainty of a mathematical demonstration.  The North American Review - Page 363edited by - 1827Full view - About this book
 | Francis Lieber - Political ethics - 1839 - 694 pages
...137,) in 1803, the supreme court of the United States, through the chief justice Marshall, declared " the power and duty of the judiciary to disregard an...unconstitutional act of congress, or of any state legislature," — " an argument approaching to the precision and certainty of a mathematical demonstration," as chancellor... | |
 | John Howard Hinton - United States - 1850 - 1008 pages
...in the law. Much later the subject was brought before the supreme court of the United States, when the power and duty of the judiciary to disregard an...unconstitutional act of congress, or of any state legislature, was declared as an argument approaching, says Chancellor Kent, " to the precision and certainty of... | |
 | Law - 1901 - 510 pages
...consideration of the Supreme Court of the United States and received a clear and elaborate discussion. The power and duty of the judiciary to disregard an...precision and certainty of a mathematical demonstration." 9 More impressive and emphatic still is the utterance of one of the most eloquent and able lawyers... | |
 | James Kent - Law - 1873 - 820 pages
...consideration *of the Supreme Court of the United States, and received a clear and elaborate discussion. The power and duty of the judiciary to disregard an...Constitution can become a law of the land, and it was (a) 2 Bay, 38. .(6) 1 Hatr. & Johns. 286. (c) 1 Crunch, 137. one deeply interesting to the United States.... | |
 | Francis Lieber - Political ethics - 1875 - 474 pages
...1803, the supreme court of the United States, through the chief justice Marshall, declared it to be " the power and duty of the judiciary to disregard an...unconstitutional act of congress or of any state legislature," — " an argument approaching to the precision and certainty of a mathematical demonstration," as Chancellor... | |
 | Missouri Bar Association - Bar associations - 1913 - 244 pages
...Marbury v. Madison, decided in 1803, in which, as Chancellor Kent declares (1 Kent's Commentaries, 453), "the power and duty of the judiciary to disregard...and certainty of a mathematical demonstration." The language of Chief Justice Marshall is clear and conclusive. "The Constitution is either a superior,... | |
 | James Kent, Charles M. Barnes - Law - 1884 - 882 pages
...consideration * of the * 453 Supreme Court of the United States, and received a clear and elaborate discussion. The power and duty of the judiciary to disregard an...Constitution can become a law of the land, and it was (a) 2 Bay, 88. (6) 1 Harr. & Johns. 236. (c) 1 Cranch, 137. one deeply interesting to the United States.... | |
 | Electronic journals - 1890 - 868 pages
...before the Supreme Court in the well-known case of Marbury vs. Madison, decided in 1803,* in which "the power and duty of the judiciary to disregard...precision and certainty of a mathematical demonstration." 2 President Adams nominated Marbury to a judicial office and, the Senate having confirmed the nomination,... | |
 | Boyd Winchester - Constitutional law - 1891 - 510 pages
...government. Kent, in referring to the case of Marbury vs. Madison, writes : " The power and duty of a judiciary to disregard an unconstitutional act of...certainty of a mathematical demonstration." * The power was never seriously questioned in the federal courts after that clear and conclusive opinion,... | |
 | Electronic journals - 1895 - 856 pages
...v. Madison, decided in 1803, in which, as Chancellor KENT declares (i Kent's Commentaries, 453), " the power and duty of the judiciary to disregard an...precision and certainty of a mathematical demonstration." JUDICIAL rmVEK ASP rXCONSTITlTIOXAL LEGISLATION. 8o/ The language of Chief Justice MARSHALL is clear... | |
| |
