Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition... Congressional Serial Set - Stran 311915Celotni ogled - O knjigi
| Virginia. General Court, William Brockenbrough, Hugh Holmes - 1815 - 364 strani
...legislative power. " It only supposes that the power of the people is supe" rior to both; and that where the will of the legislature, " declared in its statutes,...their decisions by the " fundamental laws, rather than those which are not fun" damental." " * It can be of no weight to say that the courts, on " the pretence... | |
| Stephen Cullen Carpenter - 1815 - 534 strani
...of particular rights or privileges, of the states or the people, would amount to nothing. Where the will of the legislature, declared in its statutes,...that of the people, declared in the constitution, the courts designed to be an intermediate body between the people and the legislature, are to keep the... | |
| Alexander Hamilton, James Madison, John Jay - 1817 - 570 strani
...both ; and that where the will of the legislature declared in its statutes, stands in opposi" tion to that of the people declared in the constitution,...laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified... | |
| James Madison, John Jay - 1818 - 882 strani
...legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its statutes,...laws, rather than by those which are not fundamental This exercise of judicial discretion, in determffiin:; between two contradictory laws, is exemplified... | |
| Robert Walsh - 1827 - 674 strani
...legislative power; but a submission of both to the will of the people who are the masters of both. "Where the will of the legislature declared in its statutes,...be' governed by the latter, rather than the former. " When the Constitution was submitted to the people for their consideration, and Conventions were appointed... | |
| Joseph Story - 1833 - 800 strani
...general and state governments, so far as they are the people is superior to both ; and that where the will of the legislature declared in its statutes,...laws, rather than by those, which are not fundamental: " This exercise of judicial discretion, in determining between two contradictory laws, is exemplified... | |
| James Asheton Bayard - 1834 - 198 strani
...legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the Legislature, declared in its statutes,...ought to regulate their decisions by the fundamental law, rather than by those which are not fundamental. t The same reasoning applies to State constitutions,... | |
| William Paley - 1835 - 324 strani
...legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its statutes,...laws, rather than by those which are not fundamental. •J But when a statute is not unconstitutional, the court must decide with reference to it. And here... | |
| Alexander Hamilton, James Madison, John Jay - 1837 - 516 strani
...legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its statutes,...laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified... | |
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