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" 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... "
The True Doctrine of State Rights: With an Examination of the Record of the ... - Página 22
por James Breckinridge Waller - 1880 - 83 páginas
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - 2000 - 175 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 of any particular act proceeding form the legislative body. If there should happen to be an irreconcilable variance between the two,...
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The Tenth Amendment and State Sovereignty: Constitutional History and ...

Mark Robert Killenbeck - 2002 - 198 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...any particular act proceeding from the legislative body.""0 Further, to allow Congress to be the final judge of the constitutionality of its enactments...
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Constitutional Politics: Essays on Constitution Making, Maintenance, and Change

Sotirios A. Barber, Robert P. George - 2001 - 337 páginas
...fact, and must be regarded by the judges as, a fundamental law. It therefore belongs to them [judges] to ascertain its meaning as well as the meaning of...any particular act proceeding from the legislative body."21 And again in No. 78, "The interpretation of the laws is the proper and peculiar province of...
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Selected Federalist Papers

Alexander Hamilton, James Madison, John Jay - 2001 - 208 páginas
...78 HAMILTON, On the Judiciary Department: "It Belongs to the judges to Ascertain the Constitution's Meaning As Well As the Meaning of Any Particular Act Proceeding from the Legislative Body" (May 28, 1788) 172 80 HAMILTON, On the Powers of the Judiciary: "It Will Be Necessary to Consider What...
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Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson - 2001 - 288 páginas
...constitution is, in fact, and must be regarded b\ the judges as, a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of am particular act proceeding from the legislative bod\. If there should happen to be an irreconcilable...
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The Least Dangerous Branch?: Consequences of Judicial Activism

Stephen Powers, Stanley Rothman, Smith College. Center for the Study of Social and Political Change - 2002 - 221 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...particular act proceeding from the legislative body" (Hamilton, Madison, and Jay, 1961, 78). But what would happen if the Court could not decide what the...
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The Federalist: With Letters of Brutus

Alexander Hamilton, James Madison, John Jay - 2003 - 575 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...legislative body. If there should happen to be an irreconcileable variance between the two, that which has the superior obligation and validity ought...
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Constitutional Government: The American Experience

James A. Curry, Richard B. Riley, Richard M. Battistoni - 2003 - 625 páginas
...constitution is . . . 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 part proceeding from the legislative body. If there should happen to be an irreconciliable variance...
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 1095 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...any particular act proceeding from the legislative Ык1у. If there should happen to be an irreconcilable variance between the two, that which has the...
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Der Staat des Grundgesetzes - Kontinuität und Wandel: Festschrift für Peter ...

Peter Badura - 2004 - 1283 páginas
...constitution is in fact and must be, regarded by thejudges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding froni the legislative body. ... The constitution ought to be preferred to the statute. 74 2 Law Ed....
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