 | Rome Green Brown - Constitutional law - 1917 - 1002 pages
...power of the people is superior to both, arid that 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. * * * . If, then, the courts of justice are to be considered as the bulwarks of a limited constitution... | |
 | Joseph Ragland Long - Courts - 1917 - 440 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,...be governed by the latter rather than the former. ' ' ยง 18. View of John Marshall. The power and duty of the courts to pass upon the constitutionality... | |
 | Massachusetts. Constitutional Convention - Constitutional conventions - 1919 - 1228 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. In view of the light of this authority, the action of the courts... | |
 | United States - Law - 1918 - 1138 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,...regulate their decisions by the fundamental laws, ratlu-r than by those which are not fundamental. Hamilton, in The Federalist, No. LXXVI1I. c. VALIDITY... | |
 | William Seal Carpenter - Courts - 1918 - 264 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.74 The distinction between legislative and judicial functions received... | |
 | William Maxwell Evarts - Courts - 1919 - 768 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. Again: If, then, the courts of justice are to be considered as... | |
 | Massachusetts. Constitutional Convention - Constitution - 1919 - 1222 pages
...that where the will of the Legislature, declared in its statutes, stands in opposition to that of.the people, declared in the Constitution, the judges ought...their decisions by the fundamental laws, rather than by those which are not fundamental. In view of the light of this authority, the action of the courts... | |
 | Eu-Yang Kwang - China - 1922 - 232 pages
...the legislature, declared in its statutes, stands in opposition to that of the people, as embodied in the constitution, the judges ought to be governed by the latter rather than by the former. James Wilson, an ardent champion of judicial control, also claimed that no superiority... | |
 | Charles William Bacon, Franklyn Stanley Morse - Common law - 1924 - 424 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,...judges ought to be governed by the latter, rather than by the former. They ought to regulate their decision by the fundamental laws, rather than by those,... | |
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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... 
