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Power Exercised in Violation of the Constitution

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  • Don S.
    “We admit the paramount force of a direct provision in the constitution or declaration of rights; they are the laws by which the legislature itself is bound,
    Message 1 of 2 , Oct 28, 2010
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      “We admit the paramount force of a direct provision in the constitution or
      declaration of rights; they are the laws by which the legislature itself is
      bound, and by which all acts are to be judged and construed. And we hold,
      that not only this tribunal, but that every magistrate is bound to enforce
      the constitution, if any of its principles should be violated. Neither will
      any course of years or legislative acts or judicial decisions sanction any
      apparent violation of the fundamental law clearly expressed, or necessarily
      understood.” @ 557
      COMMONWEALTH Vs PARKER, 19 MASS 550, 557 (1824)

      From an 1824 ruling of Massachusetts...........................




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      At 09:45 PM 10/27/10 -0600, you wrote:
      >
      >
      >We are mindful of the fact that we have held that "a power may be long
      >exercised in violation of the Constitution, but this does not authorize
      >its infraction." Leckenby v. Post Co., 65 Colo. 443, 176 Pac. 490. 0.CO.40036 <http://www.versuslaw.com>¶ 35; 106 P.2d 469 (Colo. 1940).
      >
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