 | Frederick Pollock - Law - 1888 - 516 pages
...legislature, declared in its statutes, stands in opposition to that of the people, declared in their Constitution, the judges ought to be governed by the...their decisions by the fundamental laws, rather than by those which are not fundamental.' Attempts to create such courts, and to define their powers with... | |
 | Simon Sterne - Constitutional history - 1888 - 402 pages
...and that where the will of the Legislature declared in its statutes stands in opposition to the will of the people declared in the Constitution, the judges ought to be governed by the latter rather than by the former ; they ought to regulate their decisions by the fundamental laws rather than by those... | |
 | James Madison, John Jay - Constitutional law - 1889 - 638 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,...Constitution, the judges ought to be governed by the latter j rather than the former. They ought to regulate their deci, sions by the fundamental laws, rather... | |
 | Alexander Hamilton, John Jay, James Madison - United States - 1894 - 980 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... | |
 | James Bradley Thayer - Constitutional law - 1894 - 470 pages
...power of the people is superior to both ; aud 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... | |
 | William John Tossell - Law reports, digests, etc - 1913 - 912 pages
...supposes that the power of the people is superior to both, and that where the will of the legislature, declared in statutes, stands in opposition to that...laws, rather than those which are not fundamental." Beall v. Bcall, 8 Ga. 218. Judge Ranney, of the Supreme Court of Ohio says: "It is the right and duty... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1901 - 520 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... | |
 | Literature - 1901 - 484 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 - 1901 - 536 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... | |
 | Iowa - 1903 - 606 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."1 1 The Federalist, LXXVIII. In the Massachusetts Convention of... | |
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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... 
