 | William Lee Miller - 1993 - 316 páginas
...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...intention of the people to the intention of their agents. Hamilton wrote of the courts of justice "whose duty it must be to declare all acts contrary to the... | |
 | Drucilla Cornell, Michel Rosenfeld, David Gray Carlson - 1992 - 428 páginas
...particular law. However, in case of an "irreconcilable variance" between the two — Hamilton insisted — "the Constitution ought to be preferred to the statute,...intention of the people to the intention of their agents." tj Although foreshadowed in Hamilton's statements, judicial review of congressional enactments was... | |
 | David P. Currie - 1992 - 518 páginas
...legislative act,] 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 FEDERALIST No. 78, supra note 29, at 467 (A. Hamilton). Of course these arguments beg the question;... | |
 | David P. Currie - 1992 - 518 páginas
...legislative act,] 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 .... supremacy clause would have lent substantial support to his crucial description of the Constitution... | |
 | Bernard Schwartz - 1993 - 480 páginas
...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,...intention of the people to the intention of their agents."71 Hamilton's reasoning here, and even his very language, formed the foundation for the Marhuty... | |
 | George Wescott Carey - 1994 - 220 páginas
...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...intention of the people to the intention of their agents" (467)This is a theme Publius stresses in pointing out how the resolution of a conflict between two... | |
 | St. George Tucker, William Blackstone - 2000 - 3301 páginas
...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...conclusion by any means suppose a superiority of the judiciary to the legislative power. It only supposes VOL. i. O o acts may be declared void. As this... | |
 | Tim Hames, Nicol C. Rae - 1996 - 354 páginas
...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...intention of the people to the intention of their agents. Brief history of the Court The Court did not immediately use the power of judicial review to strike... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1997 - 340 páginas
...ability to identify departures from the peoples intentions (ie, the understanding of those who ratified): "the Constitution ought to be preferred to the statute, the intention of the people to the intention 01 their agents." The expression of the people's intent in the Constitution was to stand on higher... | |
 | Larry Alexander - 2001 - 336 páginas
...Constitution], that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred...intention of the people to the intention of their agents." The Federalist. No. 78 (A. Hamilton), supra, note 36 at 467. 63 See generally Bruce Ackerman, We the... | |
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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... 
