 | George Washington Frost Mellen - Constitutional history - 1841 - 452 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...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... | |
 | William Alexander Duer - Constitutional law - 1843 - 442 pages
...should happen to be an irreconcilable variance between the two, that which has the superior obligation ought, of course, to be preferred : in other words,...intention of their agents. Nor does this conclusion, by any means, suppose a superiority of the judicial to the legislative power. It only presumes that... | |
 | Child rearing - 1845 - 436 pages
...should happen to be an irreconcilable variance between the two, that which has the superior obligation ought, of course, to be preferred : in other words,...intention of their agents. Nor does this conclusion, by any means, suppose a superiority of the judicial to the legislative power. It only presumes that... | |
 | Georgia. Supreme Court - Equity - 1850 - 688 pages
...appear from the fact, that if there hup pens to bo an irreconcilable variance between the Constitutkm— which is the fundamental law — and a particular...conclusion, as is shown in the work first above cited, by any means suppose a superiority of the judicial to the legislative power. It only supposes that the... | |
 | Joseph Story - Constitutional history - 1851 - 642 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...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... | |
 | Levi Woodbury - Law - 1852 - 446 pages
...then, there should happen to be an irreconcilable variance between the constitution and a statute, that which has the superior obligation and validity...of course, to be preferred ; in other words,'' "the intention of the people ought to be preferred to the intention of their agents. Nor does this conclusion... | |
 | Levi Woodbury - Electronic books - 1852 - 444 pages
...then, there should happen to be an irreconcilable variance between the constitution and a statute, that which has the superior obligation and validity...course, to be preferred ; in other words,'' " the intention of the people ought to be preferred to the intention of their agents. Nor does this conclusion... | |
 | George Robertson - Kentucky - 1855 - 422 pages
...between the two, that which has the superior obligation and validity, ought of course to be preferred, or in other words, the constitution ought to be preferred...intention of their agents. Nor does this conclusion, by any means, suppose a superiority of the judicial to the legislative power. It only supposes that... | |
 | George Robertson - Kentucky - 1855 - 422 pages
...well ts thirt nf any act of the legislature. If there be an irreconcilable variance between the two, that which has the superior obligation and validity, ought of course to be preferred, or in other words, the constitution ought to be preferred to th» statute; the intention of the people... | |
 | William Alexander Duer - Constitutional law - 1858 - 440 pages
...should happen to be an irreconcilable variance between the two, that which has the superior obligation ought, of course, to be preferred ; in other words, the Constitution ought to be preferred 10 the statute ; the intention of the people to the intention of their agents. Nor does this conclusion,... | |
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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... 
