 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...particular Act proceeding from the legislative body. If there should hap) m, to be an irreconcilable variance between the two, that which has the superior...intention of the people to the intention of their agents. Xor docs this conclusion by any means suppose a superiority of the judicial to the legislative power.... | |
 | Alexander Hamilton, John Jay, James Madison - United States - 1894 - 980 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... | |
 | James Bradley Thayer - Constitutional law - 1895 - 1214 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 lie preferred ; or, in other words, the Constitution ought to be preferred to the statut«, the intention... | |
 | William John Tossell - Law reports, digests, etc - 1913 - 912 pages
...constitution, which is the fundamental law, and a particular act proceeding from the legislative body, 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... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1898 - 884 pages
...>j, \ lar act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior...agents. Nor does this conclusion by any means suppose a 'See Marshall's opinion in Marbury v. Madison, in Appendix. — EDITOR. superiority of the judicial... | |
 | Lawrence Boyd Evans - Constitutional law - 1898 - 702 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 statutes, the intention of the people... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1901 - 520 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...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... | |
 | Literature - 1901 - 484 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...conclusion by any means suppose a superiority of the judic1al to the legislative power. It only supposes that the power of the people is superior to both... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1901 - 536 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...conclusion by any means suppose a superiority of the judicial to the legislative power. Jt only supposes that the power of the people is superior to both... | |
 | Iowa - 1903 - 628 pages
...any particular act proceeding from a legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior...be preferred; or, in other words, the Constitution should be preferred to the statute; the intention of the people to the intention of their agents. Nor... | |
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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... 
