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" 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... "
Commentaries on the Constitution of the United States: With a Preliminary ... - Страница 426
по Joseph Story - 1833 - 776 страници
Пълен достъп - Информация за книгата

A Collection of Cases Decided by the General Court of Virginia, Chiefly ...

Virginia. General Court, William Brockenbrough, Hugh Holmes - 1815 - 336 страници
...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,...their decisions by the " fundamental laws, rather than those which are not fun" damental." " * It can be of no weight to say that the courts, on " the pretence...

Select American Speeches: Forensic and Parliamentary, with Prefatory ..., Том 2

Stephen Cullen Carpenter - 1815
...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...

The Federalist: On the New Constitution

Alexander Hamilton, James Madison, John Jay - 1817 - 477 страници
...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...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...

The Federalist, on the New Constitution, Written in the Year 1788, by Mr ...

James Madison, John Jay - 1818 - 671 страници
...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...fundamental This exercise of judicial discretion, in determinins; between two contradictory laws, is exemplified in a familiar instance. It not uncommonly...

American Quarterly Review, Том 2

Robert Walsh - 1827
...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...

A Brief Exposition of the Constitution of the United States

James Asheton Bayard - 1834 - 178 страници
...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...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,...

Paley's Moral and Political Philosophy

William Paley - 1835 - 298 страници
...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...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...

American Quarterly Review, Том 2

Robert Walsh - 1827
...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 statutes, stands in opposition tothat of the people declared in the Constitution, the Judges ought to be governed by the latter, rather...

An Argument on the Unconstitutionality of Slavery: Embracing an Abstract of ...

George Washington Frost Mellen - 1841 - 440 страници
...power of the people is superior to both ; and that, when the will of the legislature, declared in the statutes, stands in opposition to that of the people, declared in the Constitution, the judges ough'^.i be governed by the latter rather than the former. 1 uey ought to regulate their decisions...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Том 8

Georgia. Supreme Court - 1850
...suppose a superiority of the judicial to the legislative power. It only supposes that the power of tho people is superior to both, and that where the will of the Legislature, declared in Statutes, stands in opposition to that of tho people, declared in the Constitution, the Judges ought...




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