 | Virginia. General Court, William Brockenbrough, Hugh Holmes - Courts - 1815 - 364 pages
...an irreconcileable variance between " the two, that which has the superior obligation and va" lidity ought of course to be preferred; or, in other " words, the constitution ought to be preferred to the " statutes; the intention of the people to the intention of " their agents. " Nor does this conclusion... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional history - 1817 - 570 pages
...particular act proceeding from the legislative body. If there should happen to be an irreconcileable variance between the two, that which has the superior...obligation and validity ought, of course, to be preferred: in other words, the constitution ou<;ht to be preferred to the sta. tute, the intention of the people... | |
 | James Madison, John Jay - Constitutional law - 1818 - 882 pages
...particular act proceeding from the legislative body. If there should happen to be an irreconcileable variance between the two, that which has the superior...obligation and validity ought, of course, to be preferred : in other words, the constitution ought to be preferred to the statute ; the intention of the people... | |
 | United States. Congress - Law - 1830 - 692 pages
...from the Legislative body. If there should happen to be any irreconcilcable variance between the two, of course, to be preferred; or, in other words, the...intention of the people to the intention of their agents. As long-, therefore, as the Federal courts retain their honesty and independence, our constitution... | |
 | United States. Congress - Law - 1830 - 692 pages
...from the Legislative hotly. If there should hnppcn to be any irrcconcileable variance between the two, itution of the united States is not unalterable. It is to continue in its present form no As long, therefore, as the Federal courts retain their honesty and! independence, our constitution... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...between the two, that which has the superior obligation and validity ought, of course, to be preferred : in other words, the constitution ought to be preferred...intention of the people to the intention of their agents. has decided, that in the last resort the judiciary must decide upon the constitutionality of the acts... | |
 | William Alexander Duer - Constitutional law - 1833 - 264 pages
...If in any case there should be found an irreconcileable variance between a Law and the Constitution, that which has the superior obligation and validity ought of course to be preferred ; the Constitution should prevail over the statute, and the intention of the People themselves be carried... | |
 | William Paley - Ethics - 1835 - 324 pages
...particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior...obligation and validity ought, of course, to be preferred : in other words, the constitution ought to be preferred to the 440 To what must a law conform in order... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional history - 1837 - 516 pages
...particular act proceeding from the legislative body. If there should happen to be an ii reconcilable variance between the two, that which has the superior...obligation and validity ought, of course, to be preferred : in other words, the constitution ought to be preferred to the statute ; the intention of the people... | |
 | George Washington Frost Mellen - Constitutional history - 1841 - 452 pages
...particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior...obligation and validity ought, of course, to be preferred: in other words, the Constitution ought to be preferred to the statute; the intention of the people... | |
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A constitution is in fact, and must be, regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be... 
