 | James Breckinridge Waller - Enslaved persons - 1880 - 104 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,...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... | |
 | Law reports, digests, etc - 1886 - 800 pages
...then, there should happen to be au 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... | |
 | Alexander Hamilton - Finance - 1886 - 652 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 ought, of course, to be preferred ; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people... | |
 | Simon Sterne - Constitutional history - 1888 - 402 pages
...irreconcilable variance between the two, that which has the superior obligation and validity ought to be preferred. In other words, the Constitution...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... | |
 | James Madison, John Jay - Constitutional history - 1888 - 676 pages
...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 superior/ ity of the judicial to the legislative power. It only supposes that... | |
 | Frederick Pollock - Law - 1888 - 516 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...Constitution ought to be preferred to the statute. . . . Nor does the conclusion by any means suppose a superiority of the judicial to the legislative... | |
 | Judson Stuart Landon - Constitutional history - 1889 - 796 pages
...irreconcilable variance between the two, that which has the superior obligation and validity ought to be preferred. In other words, the Constitution...intention of the people to the intention of their agents." Mr. Hamilton then proceeds to show that under a limited i Art. 3, sec. 2, sub. 2. THE COURT OFFENDS... | |
 | Joseph Story - Constitutional history - 1891 - 786 pages
...obligation and validity ought, of course, to be preferred ; in other words, the Constitution ought to he preferred to the statute ; the intention of the 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... | |
 | Alexander Hamilton, John Jay, James Madison - United States - 1894 - 980 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... | |
 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...from the legislative body. If there should hap) m, to 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 the statute, the intention of the people... | |
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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... 
