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" An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed. "
Judicial and Statutory Definitions of Words and Phrases - Halaman 7156
1905 - 7839 halaman
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Atlantic Reporter, Volume 28

1894 - 1156 halaman
...broad form, amounts to nothing else. It Is difficult to meet it by any argument beyond this statement. An unconstitutional act is not a law; It confers no...inoperative as though It " had never been passed." The result was that the bonds issued by this unconstitutional board, before the unconstitutlonality...
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Atlantic Reporter, Volume 68

1908 - 1160 halaman
...of commissioner never became a law, and that, therefore, the office never came into existence; that "an unconstitutional act is not a law — it confers...as inoperative as though it had never been passed." Notwithstanding the great weight which the opinion of so distinguished a jurist carries with it, notwithstanding...
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Atlantic Reporter, Volume 74

1910 - 1164 halaman
...existence is necessary to give validity to the act of its assumed Incumbent. » * * beyond this statement An unconstitutional act is not a law. it confers no...as Inoperative as though It had never been passed." Chief Justice Gummere declares precisely the opposite: "A statute creating an office •with prescribed...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1886 - 778 halaman
...and perform the duties of an office which does not exist dejure can have no validity whatever in law. An unconstitutional act is not a law; it confers no...as inoperative as though it had never been passed. The action of a minority of the justices of the peace of the County Court of Shelby County, Tennessee,...
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Political Science Quarterly, Volume 24

1909 - 764 halaman
...rights. This theory is well expressed by Mr. Justice Field in Norton v. Shelby County, 118 I.'. S. 442; " An unconstitutional act is not a law; it confers no...as inoperative as though it had never been passed." But the legal practice is different: (l) The federal courts protect contract rights acquired under...
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The Southwestern Reporter, Volume 156

1913 - 1336 halaman
...118 US 442, 6 Sup. Ct. 1125, 30 L. Ed. 178, where Mr. Justice Field, in speaking for the court, says: 'An unconstitutional act is not a law; it confers...as Inoperative as though It had never been passed.' If this be true, how can any officer, who is responsible for his official acts and who has taken the...
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The Southwestern Reporter, Volume 207

1919 - 1122 halaman
...nor bestow any power. As said in Norton v. Shelby County, 118 US 426, 6 Sup. Ct 1121, 30 L. Ed. 178: "An unconstitutional act is not a law; it confers...creates no office; it is in legal contemplation * * * as though it had never been passed." Hence the common council was without authority to enact the ordinance,...
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The Southwestern Reporter, Volume 67

1902 - 1284 halaman
...such board for this reason void, said: "An unconstitutional act Is not a law. It confers no right. It imposes no duties. It affords no protection. It...as inoperative as though it had never been passed." Cooley, Const. Llm. (5th Ed.) 224. In Bacon v. Russell, 57 Tex. 416, the court pronounced an act of...
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United States Supreme Court Reports, Volume 30

United States. Supreme Court - 1887 - 1244 halaman
...argument beyond this statement. An unconstitutional Act is not a law; it confers no richts; it impooes no duties; it affords no protection ; it creates no...office; it is, in legal contemplation, as inoperative as thougn it had never been passed. In Hildreth v. Melntire, 1 JJ Marsh. 206, 1S6 government in action...
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American Constitutional Law, Volume 1

John Innes Clark Hare - 1889 - 748 halaman
...other sovereign 1 The United States v. Lee, 108 US 106. 2 Poindexter v. Greenhow, 114 US 270, 291. " An unconstitutional act is not a law, — it confers...affords no protection, it creates no office, it is in contemplation of law as inoperative as though it had never been passed;" and hence if persons are appointed...
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