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Books Books 1 - 10 of 165 on Nor does this conclusion by any means suppose a superiority of the judicial to the....
" 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... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 214
by Georgia. Supreme Court - 1850
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A collection of cases decided by the General Court of Virginia, chiefly ...

Virginia. General Court, William Brockenbrough, Hugh Holmes - Law - 1815 - 336 pages
...of the people is supe" rior to both; and that where the will of the legislature, " declared in its statutes, stands in opposition to that of " the people,...fundamental laws, rather than those which are not fun" damental." " * It can be of no weight to say that the courts, on " the pretence of a repugnancy,...
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Select American Speeches: Forensic and Parliamentary, with ..., Volume 2

Stephen Cullen Carpenter - Speeches, addresses, etc., American - 1815
...the states or the people, would amount to nothing. Where the will of the legislature, declared in its statutes, stands in opposition to 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...
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The Federalist: On the New Constitution

Alexander Hamilton, James Madison, John Jay - Constitutional history - 1817 - 477 pages
...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,...their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two...
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The Federalist, on the New Constitution, Written in the Year 1788, by Mr ...

James Madison, John Jay - Constitutional law - 1818 - 671 pages
...power of the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people...their decisions by the fundamental laws, rather than by those which are not fundamental This exercise of judicial discretion, in determinins; between two...
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The American Quarterly Review, Issues 3-4

Robert Walsh - American literature - 1827
...will of the people who are the masters of both. "Where the will of the legislature declared in its statutes, stands in opposition to that of the people...be' governed by the latter, rather than the former. " When the Constitution was submitted to the people for their consideration, and Conventions were appointed...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - Constitutional history - 1833 - 776 pages
...they are the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people...their decisions by the fundamental laws, rather than by those, which are not fundamental: " This exercise of judicial discretion, in determining between...
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A Brief Exposition of the Constitution of the United States

James Asheton Bayard - 1834 - 178 pages
...power of the people is superior to both ; and that where the will of the Legislature, declared in its statutes, stands in opposition to that of the people...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,...
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Paley's Moral and Political Philosophy

William Paley - Ethics - 1835 - 298 pages
...power of the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people...their decisions by the fundamental laws, rather than by those which are not fundamental. •J But when a statute is not unconstitutional, the court must...
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The Federalist: On the New Constitution, Written in the Year 1788

Alexander Hamilton, James Madison, John Jay - Constitutional law - 1837 - 500 pages
...power of the people is superior to both ; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people...their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two...
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The American Quarterly Review, Volume 2

Robert Walsh - 1827
...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...be governed by the latter, rather than the former." When the Constitution was submitted to the people for their consideration, and Conventions were appointed...
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