 | Stephen L. Schechter - Business & Economics - 1990 - 478 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 ought of course to be preferred; or 20 For def1nitions of bills of attainder and ex post facto laws, see the commentary on the US Constitution... | |
 | Drucilla Cornell, Michel Rosenfeld, David Gray Carlson - Law - 1992 - 428 pages
...particular law. However, in case of an "irreconcilable variance" between the two — Hamilton insisted — "the Constitution ought to be preferred to the statute,...intention of the people to the intention of their agents." tj Although foreshadowed in Hamilton's statements, judicial review of congressional enactments was... | |
 | David P. Currie - Law - 1992 - 518 pages
...law .... If there should happen to be an irreconcilable variance between [it and a legislative act,] 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 .... supremacy clause would... | |
 | William Lee Miller - Biography & Autobiography - 1993 - 316 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... | |
 | Hays - Law - 1992 - 552 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... | |
 | David P. Currie - Law - 1992 - 518 pages
...legislative act,] 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 FEDERALIST No. 78, supra note 29, at 467 (A. Hamilton). Of course these arguments beg the question;... | |
 | Christopher L. Tomlins - History - 1993 - 432 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."26 Hamilton portrayed the... | |
 | Bernard Schwartz - History - 1993 - 480 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 the people to the intention of their agents."71 Hamilton's reasoning here, and even his very language, formed the foundation for the Marhuty... | |
 | George Wescott Carey - History - 1994 - 220 pages
...the province of the judiciary. Consequently, if there is 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... | |
 | Elvind Smith - Law - 1995 - 424 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."2 Because the Constitution... | |
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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... 
