...office never came into existence; that "an unconstitutional act 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." Notwithstanding the great weight which the opinion of so distinguished a jurist 459 carries with it;...

...rights. This theory is well expressed by Mr. Justice Field in Norton v. Shelby County, 118 US 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...

...not a law. It cannot be and not be a law at the same instant. In the language of Justice Brewer,'' an unconstitutional act is not a law; it confers no...as inoperative as though it had never been passed." 14 It is a nullity and consequently a Board of Commissioners assuming to exist under an unconstitutional...

...is not a law. It cannot be and not be a law at the same instant. In the language of Justice Brewer, "an unconstitutional act is not a law; it confers...it creates no office ; it is in legal contemplation 13 Day vs. McAllister, 15 Gray 433. as inoperative as though it had never been passed." M It is a nullity...

...Validating Statutes — Waiver or Correction of Defect or Irregularity. — An unconstitutional statute is not a law; it confers no rights; it imposes no duties; it affords no Colorado: City of Colorado Springs Pennsylvania: Horn & Brannan v. Weirlle (Colo., 1908), 93 Pac. 1096....

...unconstitutional legislative enactHeadnotes by MARSHALL, J. ment, though law in form, is in fact not law at all. "It confers no rights; it imposes no duties; it affords no protection; . . . it is in legal contemplation as inoperative as though it had never been passed." Constitution — duty...

...Ibid. 3. An unconstitutional legislative enactment, though law in form, Is In fact not law at all. "It confers no rights; It Imposes no duties; It affords no protection; ... it Is in legal contemplation as Inoperative as though It had never been passed." Ibid. 4. A court, upon...

...and is the doctrine United States, as appears from the case of Norton v. Shelby County, 118 US 442, 6 Sup. Ct. 1125 (30 L. Ed. 178), where Mr. Justice Field,...passed." If this be true, how can any officer, who le responsible for his official acts and who has, taken the required oath of office that he "will support,...

...no legal rights or liabilities can be founded upon it. In Xorton v. Shelby Co.,8 Mr. Justice Field says: "An unconstitutional act is not a law, it confers...as inoperative as though it had never been passed." An exception to this doctrine, and, to the author's mind, an illogical and ill-considered one, is that...

...acts of its assumed incumbent 233 It is difficult to meet it by any argument beyond this statement. An unconstitutional act is not a law ; it confers...as inoperative as though it had never been passed." Chief Justice Gummere declares precisely the opposite: "A statute creating an office with prescribed...