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Friday, January 25, 2013


Mitchell Goldstein

It is not the act of the individuals that is in question, but their authority to render the act.

Karamvir Dahiya

Deepak, how do you comport it with words of Justice Feld, "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." Norton v. Shelby County.

Ramone Jones

I suppose it depends on what is a "technical defect" in someone's title to office. Would the doctrine apply if everyone agreed that a federal officer had been serving illegally -- that there was no good-faith argument that the officer had been properly appointed (or didn't need to be appointed) and was serving legally.

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