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" A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 218
by Georgia. Supreme Court - 1850
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A Collection of Cases Decided by the General Court of Virginia, Chiefly ...

Virginia. General Court, William Brockenbrough, Hugh Holmes - Courts - 1815 - 336 pages
...course to be preferred; or, in other " words, the constitution ought to be preferred to the " statutes; the intention of the people to the intention of " their agents. " Nor does this conclusion by any means suppose a " superiority of the judiciary to the legislative power. " It only supposes...
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The Federalist: On the New Constitution

Alexander Hamilton, James Madison, John Jay - Constitutional history - 1817 - 477 pages
...from the legislative body. If there should happen to be an irreconcileable variance between the two, that which has the superior obligation and validity...to be preferred: in other words, the constitution ou<;ht to be preferred to the sta. tute, the intention of the people to the intention of their agents....
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The Federalist, on the New Constitution, Written in the Year 1788, by Mr ...

James Madison, John Jay - Constitutional law - 1818 - 671 pages
...from the legislative body. If there should happen to be an irreconcileable variance between the two, that which has the superior obligation and validity...be preferred to the statute ; the intention of the peoplf toJhe intention of their agents. (Nor does the conclusion by any means suppose a superiority...
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Register of Debates in Congress: Comprising ..., Volume 1; Volume 6; Volume 50

United States. Congress - United States - 1830
...there should happen to be any irreconcilcable variance between the two, of course, to be preferred; or, in other words, the constitution ought to be preferred...intention of the people to the intention of their agents. As long-, therefore, as the Federal courts retain their honesty and independence, our constitution...
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Register of Debates in Congress: Comprising ..., Volume 1; Volume 6; Volume 50

United States. Congress - United States - 1830
...there should hnppcn to be any irrcconcileable variance between the two, of course, to be preferred! or, not unalterable. It is to continue in its present form no As long, therefore, as the Federal courts retain their honesty and! independence, our constitution...
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The Federalist on the New Constitution

Alexander Hamilton, James Madison, John Jay - United States - 1831 - 542 pages
...there should happen to be an irreconcilable variance between the two, that which has the superiour obligation and validity ought, of course, to be preferred...people to the intention of their agents. Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - Constitutional history - 1833 - 776 pages
...from the legislative body. If there should happen to bu an irreconcilable variance between the two, that which has the superior obligation and validity...intention of the people to the intention of their agents. has decided, that in the last resort the judiciary must decide upon the constitutionality of the acts...
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Outlines of the Constitutional Jurisprudence of the United States: Designed ...

William Alexander Duer - Constitutional law - 1833 - 249 pages
...If in any case there should be found an irreconcileable variance between a Law and the Constitution, that which has the superior obligation and validity ought of course to be preferred ; the Constitution should prevail over the statute, and the intention of the People themselves be carried...
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Paley's Moral and Political Philosophy

William Paley - Ethics - 1835 - 298 pages
...from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity...words, the constitution ought to be preferred to the 440 To what must a law conform in order to be of force ? 441 How can it be determined whether a statute...
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The Federalist: On the New Constitution, Written in the Year 1788

Alexander Hamilton, James Madison, John Jay - Constitutional history - 1837 - 500 pages
...from the legislative body. If there should happen to be an ii reconcilable variance between the two, that which has the superior obligation and validity...people to the intention of their agents. Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...
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