 | American Society for Judicial Settlement of International Disputes - 1917 - 374 страници
...ought to be preferred to the statute, the intention of the people to the intention of their agents. Statutes, stands in opposition to that of the people,...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... | |
 | Rome Green Brown - 1917 - 890 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. * * * . 1 If, then, the courts of justice are to be considered as the bulwarks of a limited constitution... | |
 | Joseph Ragland Long - 1917 - 440 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. ' ' § 18. View of John Marshall. The power and duty of the courts to pass upon the constitutionality... | |
 | Rome Green Brown - 1917 - 1002 страници
...judicial to the legislative power. It only supposes that the power of the people is superior to both, arid 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... | |
 | Massachusetts. Constitutional Convention - 1919 - 1228 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. In view of the light of this authority, the action of the courts is not usurpation. It is the legitimate... | |
 | United States - 1918 - 1138 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...regulate their decisions by the fundamental laws, ratlu-r than by those which are not fundamental. Hamilton, in The Federalist, No. LXXVI1I. c. VALIDITY... | |
 | William Seal Carpenter - 1918 - 264 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...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. They ought... | |
 | William Maxwell Evarts - 1919 - 768 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. Again: If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution... | |
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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... 
