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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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Reports of Civil and Criminal Cases Decided by the ..., Volume 12;Volume 119

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1906 - 1080 halaman
...this subject says: "An unconstitutional act is not a law. It confers no right. It imposes no duty. It affords no protection. It creates no office. It is, in legal contemplation, as inoperative aa though it had never been passed." In Cooley's Constitutional Limitations (page 1S8) it is said:...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 214

Illinois. Supreme Court - 1905 - 712 halaman
...predicated upon an unconstitutional law. In Norton v. Shelby County, 118 US 425, on page 442, it was said: "An unconstitutional act is not a law. It confers...as inoperative as though it had never been passed." We find in this record no reasons for disturbing the judgments of the lower courts. The judgment of...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 381

United States. Supreme Court - 1965 - 942 halaman
...followed that rule in Nortonv. Shelby County, 118 US 425 (1886)," holding that unconstitutional action "confers no rights; it imposes no duties; it affords...as inoperative as though it had never been passed." At 442. The judge rather than being the creator of the law was but its discoverer. Gray, Nature and...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 381

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1965 - 952 halaman
...followed that rule in Norton v. Shelby County, 118 US 425 (1886),8 holding that unconstitutional action "confers no rights; it imposes no duties; it affords...as inoperative as though it had never been passed." At 442. The judge rather than being the creator of the law was but its discoverer. Gray, Nature and...
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American Law Reports Annotated, Volume 36

1925 - 1636 halaman
...been often said of an unconstitutional legislative act that it "is not a law ; it confers no right ; it imposes no duties ; it affords no protection ;...as inoperative as though it had never been passed." Norton v. Shelby County, 118 US 442, 30 L. ed. 186, 6 Sup. Ct. Rep. 1125; Bonnett v. Vallier, 136 Wis....
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 117

Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - 1918 - 1022 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." I think this announcement by the greatest court in the world is peculiarly applicable to this case....
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 56

1923 - 924 halaman
...officer, then the board's purported order of removal, being wholly without force, determines no right. It is in legal contemplation as inoperative as though it had never been promulgated. It would not stand between petitioner and his right to receive the salary that goes with...
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Cases Decided in United States Court of Customs and Patent ..., Volume 56

United States. Court of Customs and Patent Appeals - 1968 - 370 halaman
...law since, as stated by the United States Supreme Court in Norton v. Shelby, 118 US 425, 442: * * * An unconstitutional act is not a law; it confers no...in legal contemplation as inoperative as though it has never been passed." United States v. Mason — 51-107 Court accepts as established law that, as...
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War Powers Resolution: Hearings Before the Committee on Foreign ..., Volume 30

United States. Congress. Senate. Committee on Foreign Relations - 1977 - 762 halaman
...power is not, however, to legitimize it. As a Supreme Court Justice of the last century commented: "An unconstitutional act is not a law, it confers...as inoperative as though it had never been passed." *• The same principle must apply to action by the executive. In the pithy phrase of Professor Berger,...
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War Powers Resolution: Hearings Before the Committee on Foreign ..., Volume 30

United States. Congress. Senate. Committee on Foreign Relations - 1977 - 544 halaman
...power is not, -however, to legitimize it. As a Supreme Court Justice of the last century commented: "An unconstitutional act is not a law, it confers...as inoperative as though it had never been passed." 34 The same principle must apply to action by the executive. In the pithy phrase of Professor Berger,...
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