Congressional Serial Set, Tema 6784U.S. Government Printing Office, 1915 Reports, Documents, and Journals of the U.S. Senate and House of Representatives. |
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Página 33
... 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 . It therefore belongs to them to ascertain its meaning , as well as the meaning of any ...
... 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 . It therefore belongs to them to ascertain its meaning , as well as the meaning of any ...
Página 7
... 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 . It must , therefore , belong to them to ascertain its meaning , as well as the meaning of any ...
... 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 . It must , therefore , belong to them to ascertain its meaning , as well as the meaning of any ...
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Página 31 - 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 an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred ; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 40 - ... Resolved, that all acts of the United States in Congress, made by virtue and in pursuance of the powers hereby, and by the Articles of Confederation, vested in them, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, so far forth as those acts or treaties shall relate to the said States or their citizens ; and that the Judiciary of the several States shall be bound thereby in their decisions, any thing in the respective...
Página 31 - 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 to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Página 8 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 5 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered -that this cannot be the natural presumption where it is not to be collected from any particular provisions in the Constitution.
Página 3 - Nay, whoever hath an absolute Authority to interpret any written, or spoken Laws; it is He, who is truly the Law-giver, to all Intents and Purposes; and not the Person who first wrote, or spoke them.
Página 5 - 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. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Página 9 - Congress, and restrictions on these powers. There are also prohibitions on the States. Some authority must therefore necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, and prohibitions. The Constitution has itself pointed out, ordained, and established that authority. How has it accomplished this great and essential end ? By declaring, sir, that " the Constitution and the laws of the United States, made in pursuance thereof,...
Página 28 - Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.
Página 53 - Powers from the Consent of the Governed, that whenever any form of Government becomes destructive of those Ends, it is the Right of the People to alter or abolish it...