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" The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. "
The Shop Review - Страница 45
1923
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Congress, the Constitution and the Supreme Court

Charles Warren - 1925 - 328 страница
...other provisions of the Constitution taken together." I CHAPTER TWO THE CONSTITUTION AND THE COURT "The interpretation of the laws is the proper and...A Constitution is, in fact, and must be regarded, as a fundamental law. It must, therefore, belong to them to ascertain its meaning, as well as the meaning...
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The Pathway of Peace: Representative Addresses Delivered During His Term as ...

Charles Evans Hughes - 1925 - 360 страница
...preponderant opinion at the time the Federal Constitution was adopted. Hamilton said in the Federalist: "A constitution is in fact, and must be regarded by the judges, as a fundamental law. ... If there should happen to be an irreconcilable variance between the two, . . . the constitution...
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The Government of the United States: National, State, and Local

William Bennett Munro - 1925 - 712 страница
...law," said Hamilton, "h the proper and peculiar function of the courts. A constitution is, in fart, and must be regarded by the judges as a fundamental law." 'It first assumed in 1803 (Marbury r. Madison, 1 ('ranch, 237) the power of declaring laws of Congress...
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The General Welfare Clause: A Study of the Power of Congress Under the ...

James Francis Lawson - 1926 - 408 страница
...the Court to keep Congress from a broad interpretation of the General Welfare Clause. He declares: A Constitution is, in fact, and must be regarded by the judges as a fundamental law. It must therefore belong to them to ascertain its meaning, as well as the meaning of any particular act...
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The Central Law Journal, Том 86

1918 - 500 страница
...the gifted men who persuaded the states to adopt it. "The interpretation of the laws," says Hamilton, "is the proper and, peculiar province of the courts....constitution is in fact, and must be regarded by the judge? as a fundamental law. It, therefore, belongs to them to ascertain its meaning as well as the...
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Proceedings of the ... Annual Meeting

California Bar Association - 1923 - 978 страница
...Hamilton declared : "The interpretation of the laws is a proper and peculiar province of the courts. The Constitution is in fact and must be regarded by the judges as the fundamental law. ... If there happens to be any irreconcilable variance between the two, that which...
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The Constitution of the United States: An Historical Survey of Its Formation

Robert Livingston Schuyler - 1928 - 234 страница
...legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar...be, regarded by the judges as a fundamental law. It must therefore belong to them to ascertain its meaning, as well as the meaning of any particular act...
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The American Federal System

Kingsley Bryce Smellie - 1928 - 200 страница
...to declare invalid congressional statutes conflicting with its interpretation of the Constitution. " A Constitution is in fact and must be regarded by the judges as a fundamental law." This legal interpretation of the Constitution has had certain disadvantages. It has had to be interpreted...
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The Constitution of the United States in Some of Its Fundamental Aspects

Gaspar Griswold Bacon - 1928 - 232 страница
...They are all three coordinate branches of the government. They each have their special functions, and "the interpretation of the laws is the proper and peculiar province of the courts." The power of the people is superior to all three, and where the will of the legislature or of the executive...
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Regulatory Reform and Congressional Review of Agency Rules: Hearings Before ...

United States. Congress. House. Committee on Rules. Subcommittee on Rules of the House - 1980 - 1398 страница
...judicial department to say what the law is." Marbury v. Madison, 5 US 137, 177, I Cranch 137, 178(1803). "The interpretation of the laws is the proper and peculiar province of the courts. "THE FEDERALIST Np. 78, supra note 38. at 101 (A. Hamilton). The Brief for the United States as Intervenor,...
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