And be it further enacted, That the Corporation shall, from time to time, cause the several wards of the City to be so located, as to give, as nearly as may be, an equal number of votes to each ward; and it shall be the duty of the Register of the City, or such officer as the Corporation may hereafter appoint, to furnish the commissioners of election for each ward, on the first Monday in June, annually, previous to the opening of the polls, a list of the persons having a right to vote, agreeably to the provisions of the second section of this act. Roberts Judiciary Committee Questionnaire - Center for Individual Freedom The Court, he says, cannot annul this grant. Cohens v. Virginia | Case Brief for Law School | LexisNexis United States v. Will, 449 U.S. 200 (1980) - Justia Law If such be not the constitution, it is equally the duty of this Court to say so, and to perform that task which the American people have assigned to the judicial department. The constitution and laws of a State, so far as they are repugnant to the constitution and laws of the United States, are absolutely void. All ordinances, or acts passed by the City Council, shall be sent to the Mayor for his approbation, and when approved by him, shall then be obligatory as such. If such be the constitution, it is the duty of the Court to bow with respectful submission to its provisions. *424 If the 25th section of the judiciary act be inspected, it will at once be perceived that it comprehends expressly the case under consideration. Therefore, it is considered by the Court, that the Commonwealth recover against the said defendants, to the use of the President and Directors of the Literary Fund, one hundred dollars, the fine by the Court aforesaid, in manner aforesaid assessed, and the costs of this prosecution; and the said defendants may be taken, &c.". ", " Sec. It may be conceded, that where the case is of such a nature as to admit of its originating in the Supreme Court, it ought to originate there; but where, from its nature, it cannot originate in that Court, these words ought not to be so construed as to require it. And be it further enacted, That the polls shall be kept open from eight o'clock in the morning, till seven o'clock in the evening, and no longer, for the reception of ballots. ", " Sec. And be it further enacted, That the first election of members of the City Council, shall be held on the first Monday in June next, and in every year afterwards, at such place in each ward as the judges of the election may prescribe. 200 Fallon, supra note 9 , at 106 . Those who contend that acts of Congress, made in pursuance of *425 this power, do not, like acts made in pursuance of other powers, bind the nation, ought to show some safe and clear rule which shall support this construction, and prove that an act of Congress, clothed in all the forms which attend other legislative acts, and passed in virtue of a power conferred on, and exercised by Congress, as the legislature of the Union, is not a law of the United States, and does not bind them.
