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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. "
The Life of John Marshall - Página 120
por Albert Jeremiah Beveridge - 2005 - 700 páginas
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Insurgencies: Constituent Power and the Modern State

Antonio Negri - 1999 - 367 páginas
...legislative act . . . contrary to the Constitution, can be valid" (78:467). The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, hi fact, and must be regarded by the judges as, a fundamental law. It therefore belongs to them to...
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - 2000 - 175 páginas
...things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts....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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Judicial Review and Judicial Power in the Supreme Court

Kermit Hall - 2000 - 492 páginas
...draw. 39. THE FEDERALIST NO. 78, supra note 22, at 525. 40. Id. at 523. Hamilton argued further that [a] constitution is in fact, and must be, regarded...particular act proceeding from the legislative body .... [Therefore, i]t can be of no weight to say, that the courts on the pretence of a repugnancy, may...
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The Reasonableness of the Law

Charles W. Bacon, Franklyn S. Morse, James A. Woodburn - 2000 - 416 páginas
...examination. To do this, however, we must examine those laws. The constitution is one of them, and "is in fact, and must be regarded by the judges as a fundamental law." It was created by the people, who in our republics, are "the supreme power," and, it being the expression...
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The Tenth Amendment and State Sovereignty: Constitutional History and ...

Mark Robert Killenbeck - 2002 - 198 páginas
...the Constitution's checks on congressional power. As Publius wrote: "The interpretation of the laws is the proper and peculiar province of the courts....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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The Lost World of Classical Legal Thought: Law and Ideology in America, 1886 ...

William M. Wiecek - 2001 - 286 páginas
...established the legitimacy of judicial review in an elegantly simple way: "[T]he interpretation of the laws is the proper and peculiar province of the courts....be, regarded by the judges as a fundamental law." Hamilton's syllogism seemed to dispel all objections: Major premise: Judges interpret the law. Minor...
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Constitutional Politics: Essays on Constitution Making, Maintenance, and Change

Sotirios A. Barber, Robert P. George - 2001 - 337 páginas
...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 the courts....is, in fact, and must be regarded by the judges as, fundamental law. It therefore belongs to them to ascertain its meaning."22 As the last quote makes...
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Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson - 2001 - 288 páginas
...things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A 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...
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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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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
...that the independence of the judges in interpreting the laws was of paramount importance. He wrote, "A constitution is in fact, and must be, regarded...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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