 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 Ohio Nisi Prius Reports - Страница 283написао/ла Ohio. Courts - 1912Пуни преглед - О овој књизи
 | Virginia. General Court, William Brockenbrough, Hugh Holmes - 1815 - 364 страница
...of the 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,...fundamental laws, rather than those which are not fun" damental." " * It can be of no weight to say that the courts, on " the pretence of a repugnancy,... | |
 | Stephen Cullen Carpenter - 1815 - 534 страница
...the states 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 страница
...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,...their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two... | |
 | James Madison, John Jay - 1818 - 882 страница
...power of 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...their decisions by the fundamental laws, rather than by those which are not fundamental This exercise of judicial discretion, in determinins; between two... | |
 | Robert Walsh - 1827 - 674 страница
...will of 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...be' governed by the latter, rather than the former. " When the Constitution was submitted to the people for their consideration, and Conventions were appointed... | |
 | Joseph Story - 1833 - 800 страница
...they are 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...their decisions by the fundamental laws, rather than by those, which are not fundamental: " This exercise of judicial discretion, in determining between... | |
 | James Asheton Bayard - 1834 - 198 страница
...power of 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...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 страница
...power of 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...their decisions by the fundamental laws, rather than by those which are not fundamental. •J But when a statute is not unconstitutional, the court must... | |
 | Alexander Hamilton, James Madison, John Jay - 1837 - 516 страница
...power of 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...their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two... | |
 | Robert Walsh - 1827 - 686 страница
...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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