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... The Shop Review - Page 451923Full view - About this book
| Stephen Cullen Carpenter - Speeches, addresses, etc., American - 1815 - 534 pages
...reservations of particular rights or privileges, of the states or the people, would amount to nothing. Where the will of the legislature, declared in its...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... | |
| Virginia. General Court, William Brockenbrough, Hugh Holmes - Courts - 1815 - 364 pages
...of " their agents. " Nor does this conclusion by any means suppose a " superiority of the judiciary to the 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, stands... | |
| Alexander Hamilton, James Madison, John Jay - Constitutional history - 1817 - 570 pages
...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 supposes...the legislature declared in its statutes, stands in opposi" tion to that of the people declared in the constitution, the judges ought to be governed by... | |
| James Madison, John Jay - Constitutional law - 1818 - 882 pages
...people toihe intention of their agents. rXor docs the conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes...laws, rather than by those which are not fundamental This exercise of judicial discretion, in determffiin:; between two contradictory laws, is exemplified... | |
| Robert Walsh - American literature - 1827 - 674 pages
...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...be' governed by the latter, rather than the former. " When the Constitution was submitted to the people for their consideration, and Conventions were appointed... | |
| Alexander Hamilton, James Madison, John Jay - United States - 1831 - 758 pages
...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 supposes that the power of the people is superiour to both ; and that where the will of the legislature declared in its statutes, stands in... | |
| Joseph Story - Constitutional history - 1833 - 800 pages
...the constitutionality of the acts and laws of the general and state governments, so far as they are the people is superior to both ; and that where the...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 pages
...is, that the law is pronounced void. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes...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 - Ethics - 1835 - 324 pages
...people, to the intention of their agents. Nor docs the conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes...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 - Constitutional history - 1837 - 516 pages
...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 supposes...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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