...doubt. In delivering the opinion in the case of Fletcher v. Peck, 6 Cranch, 87, MARSHALL, CJ, said : "The question, whether a law be void for its repugnancy...affirmative in a doubtful case. The court, when impelled by a duty to render such a judgment, would be unworthy of its station, could it be unmindful of the solemn...

...pronounce the enactment void. The infraction must be clear and palpable. In the language of Judge Marshall, the question whether a law be void for its repugnancy...decided in the affirmative in a doubtful case. The opposition between the constitution and the law should be such, that the judge feels a strong and clear...

...Court's opinion on this point* ID? Fletcher vs. Peck, 6 Cranch, 87, Chief Justice Marshall says: " The question whether a law be void for its repugnancy...be decided in the affirmative in a doubtful case." Although there is one passage in this opinion which seems to go even beyond this, and \o advance the...

...impelled by duty to render a judgment, would bo unworthy of its station could it be unmindful of the [229} solemn obligation which that station *imposes. But it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers,...

...pronounce the enactment void. The infraction must be clear and palpable. In the language of Judge MARSHALL, the question whether a law be void for its repugnancy...decided in the affirmative in a doubtful case. The opposition between the constitution and the law should be such, that the judge feels a strong and clear...

...an act of the Legislature unconstitutional and void is, in the language of Chief Justice Marshall, at all times a question of much delicacy, which ought seldom, if ever, to be done in a doubtful case ; that it is not upon slight implication or vague conjecture that the Legislature...

...Fayette r. Jenners, 10 Ind. 79; Ex hot v. Hudson, 16 Gray, 417. parte HcCollum, 1 Cow. 564; Coutant " The question whether a law be void for its repugnancy...unmindful * of the solemn obligation which that station [* 183] imposes; but it is not on slight implication and vague conjecture that the legislature is to...

...20 Gratt. 31 ; Homestead Cases, 22 Gratt. 266. ,v- , Cocke &c. The question, says the chief justice, whether a law be void for its repugnancy to the constitution, is at all "^ y times a question of much delicacy, which ought seldom if ever to be decided in the affirmative...

...on our minds." Or, as Chief Justice Marshall said in Fletcher v. Peck, 6 Cranch, 126, 3 L. Ed. 162 : "The question, whether a law be void for its repugnancy...of its station, could it be unmindful of the solemn obligations which that station imposes. But it is not on slight implication and vague conjecture that...

...the constitution of that state. The court there said, speaking by Chief Justice Marshall, that — " The question whether a law be void for its repugnancy...decided in the affirmative in a doubtful case." The more-recent decisions of the same court justify me, I think, in saying that a federal court, when determining...