 | 1903 - 606 páginas
...obligation and validity ought, of course, to be preferred; or, in other words, the Constitution should be preferred to the statute; the intention of the...agents. Nor does this conclusion by any means suppose the superiority of the judicial to the legislative power. It only supposes that the power of the people... | |
 | United States. Supreme Court - 1903 - 996 páginas
...latter within the limits assigned to their authority." (Federalist, No. 77, by Hamilton.) " Nor does the conclusion by any means suppose a superiority of the judicial to the 1 APPROVED. Dodge v. WwAtfii, 18 How., 373. 56 Luther r. Borden et al. legislative power. It only supposes... | |
 | 1923 - 510 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...this conclusion by any means suppose a superiority 6f the judicial to the legislative power. It only supposes that the power of the people is superior... | |
 | Christopher Stuart Patterson - 1904 - 408 páginas
...duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. . . . The Constitution ought to be preferred to the statute, the intention of the people to the intention "Packet Co. v. Keokuk, 95 US 80; Pollock v. FL & T. Co., 158 id. 601 ; cf . Presser v. Illinois, 116... | |
 | James Allen Smith - 1907 - 442 páginas
...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...intention of the people to the intention of their agents. . . . "This independence of the judges is equally requisite to guard the Constitution and the rights... | |
 | James Allen Smith - 1907 - 474 páginas
...be, regarded by the judges as a / fundamental law. It therefore belongs to them ""Eo~asceftaTn"Tfs meaning, as well as the meaning of any particular...intention of the people to the* intention of their agents. . . . "This independence of the judges is equally requisite to guard the Constitution and the rights... | |
 | James Allen Smith - 1907 - 460 páginas
...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...preferred, to the statute, the intention of the people to the'intention of their agents. . . . "This independence of the judges is equally requisite to guard... | |
 | Charles Austin Beard - 1910 - 798 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." At considerable length Hamilton, thereupon, elaborated and defended this function of the court as prescribed... | |
 | Charles Austin Beard - 1910 - 814 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." At considerable length Hamilton, thereupon, elaborated and defended this function of the court as prescribed... | |
 | Fontaine Talbott Fox - 1911 - 180 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...any means suppose a superiority of the judicial to legislative power. It only supposes that the power of the people is superior to both; and that where... | |
| |
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... 
