 | Virginia. General Court, William Brockenbrough, Hugh Holmes - Courts - 1815 - 364 pages
...legislative power. " It only supposes that the power of the people is supe" rior to both; and that where the will of the legislature, " declared in its...their decisions by the " fundamental laws, rather than those which are not fun" damental." " * It can be of no weight to say that the courts, on " the pretence... | |
 | Stephen Cullen Carpenter - Speeches, addresses, etc., American - 1815 - 534 pages
...reservations of particular rights or privileges, of the states or the people, would amount to nothing. Where the will of the legislature, declared in its...that of the people, declared in the constitution, the courts designed to be an intermediate body between the people and the legislature, are to keep the... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional history - 1817 - 570 pages
...the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposi" tion to that of the people declared in the constitution, the judges ought to be governed by... | |
 | James Madison, John Jay - Constitutional law - 1818 - 882 pages
...the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its...laws, rather than by those which are not fundamental This exercise of judicial discretion, in determffiin:; between two contradictory laws, is exemplified... | |
 | Robert Walsh - American literature - 1827 - 674 pages
...legislative power; but a submission of both to the will of the people who are the masters of both. "Where the will of the legislature declared in its...be' governed by the latter, rather than the former. " When the Constitution was submitted to the people for their consideration, and Conventions were appointed... | |
 | James Asheton Bayard - 1834 - 198 pages
...the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the Legislature, declared in its...ought to regulate their decisions by the fundamental law, rather than by those which are not fundamental. t The same reasoning applies to State constitutions,... | |
 | William Paley - Ethics - 1835 - 324 pages
...the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its...laws, rather than by those which are not fundamental. •J But when a statute is not unconstitutional, the court must decide with reference to it. And here... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional history - 1837 - 516 pages
...the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature declared in its...laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified... | |
 | Robert Walsh - American literature - 1827 - 686 pages
...legislative power; but a submission of both to the will of the people who are the masters of both. "Where the will of the legislature declared in its statutes, stands in opposition tothat of the people declared in the Constitution, the Judges ought to be governed by the latter, rather... | |
 | George Washington Frost Mellen - Constitutional history - 1841 - 452 pages
...power of the people is superior to both ; and that, when the will of the legislature, declared in the statutes, stands in opposition to that of the people, declared in the Constitution, the judges ough'^.i be governed by the latter rather than the former. 1 uey ought to regulate their decisions... | |
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Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition... 
