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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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A Treatise on the Law of Public Offices and Officers

Floyd Russell Mechem - 1890 - 904 halaman
...broad form, amounts to nothing else. It is difficult to meet it by argument beyond this statement. An unconstitutional act is not a law ; it confers...creates no office ; it is, in legal contemplation, as in• Hildreth o. Mclntire, 1 JJ 'Hildreth ft Mclntire, 1 JJ MAKSII. (Ky.) 206, 19 Am. Dec. 01; MARSH....
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Reports of Cases Argued and Decided in the Supreme Court of ..., Volume 94

Georgia. Supreme Court - 1895 - 924 halaman
...143, and Norton v. Shelby County, 118 US 425. One of the head-notes in the latter case is as follows: "An unconstitutional act is not a law ; it confers no rights ; it imposes no duties ; it 316 GEORGIA SOUTHERN E. Co. v. TRUST Co. [94 Ga. affords no protection ; it creates no office ; it...
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Annotated Constitution of the United States

Andrew Jackson Baker - 1891 - 378 halaman
...US 586. 26. Unconstitutional law no law. — An unconstitutional law is no law. It confers no right, it imposes no duties, it affords no protection, it creates no office,— it is wholly inoperative. Norton v. Shelby County, 118 US 425. it is not within the power of congress thereafter...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 35

New York (State). Courts - 1901 - 974 halaman
...then that statute offends the constitutional provision before quoted (art. X, § 2), is void and " confers no rights ; it imposes no duties; it affords...as inoperative as though it had never been passed." Newton v. Shelby, 118 IT. S. 442. Thus we have here presented for consideration the situation contemplated...
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Courts and Their Jurisdiction: A Treatise on the Jurisdiction of the Courts ...

John Downey Works - 1894 - 956 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...as inoperative as though it had never been passed. . . . Numerous cases are cited in which expressions are used which, read apart from the facts of the...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 101

California. Supreme Court - 1894 - 796 halaman
...commissioners nor corporation, and a void law is no law. It is said in Norton v. Shelby County, 118 US 442: "An unconstitutional act is not a law. It confers no rights. It imposes no Jan. 1894.] STATE I. &. I. Co. v. SAN FRANCISCO. 135 duties. It affords no protection. It creates no...
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Decisions of the Comptroller of the Treasury, Volume 2

United States. Comptroller of the Treasury - 1896 - 764 halaman
...able judge in Nortonv. Shelby Covnty (118 US, 442) : "An unconstitutional act is not a law ; itconfers no rights : it imposes no duties ; it affords no protection...in legal contemplation, as inoperative as though it bad never been passed." And this from the opinion of Attorney- General Speed (11 Opin. AG, 214), where,...
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The American State Reports: Containing the Cases of General Value ..., Volume 47

Abraham Clark Freeman - 1896 - 1036 halaman
...143, and Norton v. Shelby County, 118 US 425. One of the headnotes in the latter case is as follows: " An unconstitutional act is not a law; it confers no...duties; *'• it affords no protection; it creates nooffice; it is, in legal contemplation, as inoperative as though it had never been passed"; and, accordingly,...
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Handbook of American Constitutional Law

Henry Campbell Black - 1897 - 860 halaman
...court in a proper case, makes the statute entirely null and inoperative so long as the decision stands. "An unconstitutional act is not a law. It confers...as inoperative as though it had never been passed." *0 And if the statute is adjudged unconstitutional in part, that part which is rejected will be a nullity....
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Handbook of American Constitutional Law

Henry Campbell Black - 1897 - 792 halaman
...court in a proper case, makes the statute entirely null and inoperative so long as the decision stands. "An unconstitutional act is not a law. It confers...contemplation, as inoperative as though it had never been passed."4* And if the statute is adjudged unconstitutional in part, that part which is rejected will...
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