 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.  The Southwestern Reporter - Sida 1561913Obegränsad förhandsgranskning - Om den här boken
 | 1909 - 764 sidor
...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... | |
 | 1908 - 1160 sidor
...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... | |
 | 1910 - 1164 sidor
...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... | |
 | United States. Supreme Court - 1886 - 778 sidor
...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,... | |
 | United States. Supreme Court - 1887 - 1244 sidor
...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... | |
 | John Innes Clark Hare - 1889 - 748 sidor
...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... | |
 | Floyd Russell Mechem - 1890 - 904 sidor
...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.... | |
 | Georgia. Supreme Court - 1895 - 924 sidor
...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... | |
 | Andrew Jackson Baker - 1891 - 378 sidor
...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... | |
 | New York (State). Courts - 1901 - 974 sidor
...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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