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Certainly one such doctrine

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Definitions from Case Law

From 514 U.S. 211 - Plaut v. Spendthrift Farm, Inc. · 1995Most cited · 1,661 citing opinions

the "judicial Power" to disregard an unconstitutional statute, see "Marbury," 1 Cranch, at 177; yet none would suggest that a litigant may never waive the defense that a statute is unconstitutional.