...Without this all of the reservation of particular rights or privileges will amount to nothing. * * * Nor does this conclusion by any means suppose a superiority of the judicial power over the legislative power. It only supposes that the power of the people is superior to both."...

...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." It was in the famous case of Marbury v. Madison (1803) that the supreme court first asserted its authority...

...validity ought, of 1 T1lt Independent, Sept. 26, 1907. 1 Beard, The Supreme Court and the Constitution. course, to be preferred ; in other words, the Constitution...intention of the people to the intention of their agents." 1 Whatever may have been the intention of the framers, Chief Justice Marshall, in the famous case of...

...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...intention of the people to the intention of their agents." ("The Federalist," No. 78, pp. 485-486.) To take an extreme case — the Constitution in the first...

...course, to be preferred ; in other words, tin- constitution ought to be preferred to the statute, tile intention of the people to the intention of their agents. "Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...

...above his master; that the representatives of the people are superior to the people themselves. * * * * Nor does this conclusion by any means suppose a superiority of the judiciary to the legislative power. It only supposes that the power of the people is superior to both,...

...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. From a body [such as Congress] which had even a partial agency in passing bad laws, we could rarely...

...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...intention of the people to the intention of their agents.4 The courts, according to Hamilton, since they were intended to be the "bulwarks of a limited...

...irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred to the statute, the intention of the people to the intention of their agents. 75 Legal logic, then, favors entrusting constitutional supervisory authority to the judiciary. Yet...

...Congress. For this reason, he concluded, if the Constitution and an ordinary law come into conflict, "the constitution ought to be preferred to the statute,...intention of the people to the intention of their agents." Seeking to render this power of judicial review a natural and easy consequence of a written constitution,...