 | George Robertson - Kentucky - 1855 - 422 pages
...power of tlie people is superior to both, and thatwhere 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. Thev ought to regulate their decisions by the fundamental law, rather than those which arc not fundamental.... | |
 | Sidney George Fisher - Slavery - 1862 - 414 pages
...intention of the people to that of their agents. . . . 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." But a statute is not to be described as the will of the Legislature, but of the people who elected... | |
 | Henry Barton Dawson - Constitutional law - 1863 - 770 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... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1864 - 850 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... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1864 - 776 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... | |
 | United States - 1864 - 786 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... | |
 | 1865 - 696 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... | |
 | Andrew Johnson - Impeachments - 1868 - 532 pages
...that where the will of the legislature, declared in its statutes, stands in opposition to that of tfle people, declared in the Constitution, the judges ought...their decisions by the fundamental laws rather than by those which are not fundamental. Again : If, then, the courts of justice are to be considered as... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...will of the legislature, declared in its statutes, stands in opposition to that declared by the people in the constitution, the judges ought to be governed...their decisions by the fundamental laws rather than by those which are not fundamental. Neither would we, in doing this, be understood as impugning the... | |
 | New York (State). Constitutional Convention - Constitutional conventions - 1868 - 1074 pages
...and tbat where the will of the Legislature declared in the statutes stands in opposition to the will of the people declared in the constitution, the judges...be governed by the latter rather than the former." Now, sir, the theory of government in this connby is, I repeat, that the people, originally possessed... | |
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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... 
