The Remedy By State Interposition Or Nullification

Cover The Remedy By State Interposition Or Nullification
The Remedy By State Interposition Or Nullification
William Harper
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I . S plan, iha the dec-i-ion« of Ibe S;al. - irihu-ials would have been final. Ihe &tate, bti^eans of its tribunals, wou^d thus bnve had the power to a ceF- [ain extent of arresting the op. >ration ol a law wh. Rh those tribunals ?u^fd U"d^e to be, . Ncons. I;u(ional. B. T tl-is would no of course hive . Xc uded the u. Terlerence of the sovcroig.. Authority of the statVif we have taken a correct riew ot the Const. Lut. On. Ihe Tud clary, like the other departments of Govt-mment, . N the eiercs...e i ttsfStions, must incidLdally a, >d in the fir.. I"f "-/ "'^^^^P;, ^^ the Constitution. If to the sovere. Irn HUlho. -. Ly of the ^^ f^ ' '"^ lof "3 under the Constitution, the risbl to determine for i. Sel in the tt . 'esort the Judicia. V -ouid be bound to foil ^w -nd ab. Ae by ^h'at Heternrination . The intervention of the law of 1 i h9 can make lo diirerence, even supposing it to be Constitutional i '« f '^de al hke the Slate Judiciarv, having only the incidental ri;^bt t.. Cive construction to the Constit-lion in discharging '«*/;'"';;";" '".^f- n^.

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