 | George A. Malcolm - 1916 - 824 pàgines
...repugnant to the fundamental law to be invalid and void.183 The effect of invalidity is that the invalid act "is not a law; it confers no rights ; it imposes...as inoperative as though it had never been passed." u* The courts will further apply the well established rule concerning partial invalidity. "Where part... | |
 | William Henry Harris - 1917 - 496 pàgines
...Grenada County Supervisors v. Brodgen. 112 US 261, 5 Sup. Ct. Rep. 125, 28 L. Ed. 704. 659. (Tenn. 1886.) "An unconstitutional act is not a law; it confers...as inoperative as though it had never been passed." Norton v. Shelby County, 118 US 425, 6 Sup. Ct. 1121, 30 L. Ed. 178. CONSTITUTIONAL LAW. Self"executing... | |
 | Rome Green Brown - 1917 - 1002 pàgines
...of Norton v. Shelby County (118 US, 425) : An unconstitutional act is not law, it confers no right, it imposes no duties, it affords no protection, it...as inoperative as though it had never been passed. When invoked in a case, courts simply disregard it as so much waste paper and enforce the Constitution... | |
 | Rome Green Brown - 1917 - 890 pàgines
...Norton v. Shelby County (118 U. a, 425) : An unconstitutional act Is not law, It confers no right, it imposes no duties, it affords no protection, it...creates no office; it is, in legal contemplation, as inoporative as though it had never been passed. When invoked in a case, courts simply disregard it... | |
 | Henry Clifford Spurr, Ellsworth Nichols - 1918 - 1230 pàgines
...that the rest of the statute became a law. It never came into existence so as to have an intention. 'An unconstitutional act is not a law ; it confers...office; it is, in legal contemplation, as inoperative as thoxigh it had never been passed.' Norton v. Shelby County, 118 US 425, 442, 30 L. ed. 178, 186, 6... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1919 - 824 pàgines
...that the rest of the statute became a law. It never came into existence so as to have an intention. 'An unconstitutional act is not a law; it confers...as inoperative as though it had never been passed.' (Norton v. Shelby County, 118 US 425, 442.) " By what process of reasoning is the doctrine of these... | |
 | William Mack, William Benjamin Hale - 1919 - 1164 pàgines
...¡difficult to see how these cases can be supported, unless on grounds of estoppel,96 when we consider that an "unconstitutional act is not a law; it confers...contemplation, as inoperative as though it had never been passed."97 The great weight of authority supports the doctrine that there cannot be even a de facto... | |
 | Colorado. Attorney-General's Office - 1920 - 224 pàgines
...fruitless thing. In Norton vs. Shelby Co., 118 US 442, the Supreme Court of the United States held : "An unconstitutional act is not a law, it confers...rights, it imposes no duties, it affords no protection." In Neal vs. Delaware, 103 US 370, 389, the same court said : "The presumption should be indulged in... | |
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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. 
