 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...  The Central Law Journal - 376 페이지1918전체보기 - 도서 정보
 | Virginia. General Court, William Brockenbrough, Hugh Holmes - 1815 - 364 페이지
...people is supe" rior to both; and that where the will of the legislature, " declared in its statutes, stands in opposition to that of " the people, declared...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... | |
 | Stephen Cullen Carpenter - 1815 - 534 페이지
...or the people, would amount to nothing. Where the will of the legislature, declared in its statutes, stands in opposition to 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... | |
 | Alexander Hamilton, James Madison, John Jay - 1817 - 570 페이지
...both ; and that where the will of the legislature declared in its statutes, stands in opposi" tion to that of the people declared in the constitution,...laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified... | |
 | James Madison, John Jay - 1818 - 882 페이지
...the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared...laws, rather than by those which are not fundamental This exercise of judicial discretion, in determinins; between two contradictory laws, is exemplified... | |
 | Robert Walsh - 1827 - 674 페이지
...the people who are the masters of both. "Where the will of the legislature declared in its statutes, stands in opposition to that of the people declared...be' governed by the latter, rather than the former. " When the Constitution was submitted to the people for their consideration, and Conventions were appointed... | |
 | James Asheton Bayard - 1834 - 198 페이지
...people is superior to both ; and that where the will of the Legislature, declared in its statutes, stands in opposition to that of the people declared...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,... | |
 | William Paley - 1835 - 324 페이지
...the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared...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... | |
 | Jonathan Elliot - 1836 - 680 페이지
...or the people would amount to nothing. Where the will of the legislature, declared in its statutes, stands in opposition to 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... | |
 | Alexander Hamilton, James Madison, John Jay - 1837 - 516 페이지
...the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared...laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified... | |
 | Robert Walsh - 1827 - 686 페이지
...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...be governed by the latter, rather than the former." When the Constitution was submitted to the people for their consideration, and Conventions were appointed... | |
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