 | 1912 - 270 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." Chief Justice Marshall, in the great case of Marbury v. Madison, said: "To what purpose are powers... | |
 | Charles Austin Beard - 1912 - 158 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...their decisions by the fundamental laws, rather than those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory... | |
 | Charles Austin Beard - 1912 - 144 страници
...and that where the will of the legislature, declared in its THE CONSTITUTIONAL CONVENTION OF 1787 25 statutes, stands in opposition to that of the people,...their decisions by the fundamental laws, rather than tEose which are not fundamental. This exercise of judicial discretion, in determining between two contradictory... | |
 | Ohio. Courts - 1912 - 740 страници
...means suppose a superiority of the judicial to the legislative. It only supposes that the power of the people is superior to both, and that where the will of the Legislature, declared in statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought... | |
 | 1913 - 1128 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...be governed by the latter rather than the former. * * * . If, then, the courts of justice are to be considered as the bulwarks of a limited constitution... | |
 | Edith M. Phelps - 1913 - 286 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...be governed by the latter rather than the former. * * * If, then, the courts of justice are to be considered as the bulwarks of a limited constitution... | |
 | Oscar Liebreich - 1913 - 648 страници
...to the legislative power. It only supposes that the power of the people is superior to both ; «nd that where the will of the legislature, declared in...be governed by the latter rather than the former. * * * "If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution... | |
 | Frederick Newton Judson - 1913 - 288 страници
...over the legislative 184 power. It only supposes that the power of the people is superior to both, and where the will of the legislature declared in its...stands in opposition to that of the people declared in their constitution, the judges ought to be governed by the latter rather than the former. The power... | |
 | 1915 - 558 страници
...legislative power. It only supposes that the power of the people is superior to both; and that where tho will of the legislature, declared in its statutes,...laws, rather than by those which are not fundamental. James Madison, 5 Elliot's Debates, 355-6: Mr. Madison thought it clear that the legislatures were incompetent... | |
 | William Dameron Guthrie - 1916 - 296 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." 1 Equally conclusive and equally worthy of constant repetition is the reasoning of Chief Justice Marshall... | |
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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... 
