 | Clint Bolick - Social Science - 1988 - 174 pages
...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...be governed by the latter rather than the former... [ie,,] bv the fundamental laws, rather than bv those which are not fundamental." 1 Hamilton's view... | |
 | Stephen L. Schechter - Business & Economics - 1990 - 478 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... | |
 | Edward J. Erler - Constitutional history - 1991 - 144 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,...the Constitution, the judges ought to be governed by fundamental laws rather than by those which are not fundamental" (No. 78. 468). This idea of an independent... | |
 | Hays - Law - 1992 - 552 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... | |
 | Harvey Flaumenhaft - Biography & Autobiography - 1992 - 340 pages
...the will of the legislature as declared in its statutes stands in opposition to that of the people as declared in the constitution, the judges ought to be governed by the latter rather than the former. The judges ought to regulate their decisions by the fundamental law. It need not be supposed that the... | |
 | Robert A. Licht - Law - 1993 - 224 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,...declared in the constitution, the judges . . . ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. Although... | |
 | Michael J. Perry - Law - 1996 - 288 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." But the word "people" so used is an abstraction. Not necessarily a meaningless or a pernicious one... | |
 | Robert J. Cottrol - History - 1994 - 484 pages
...to both; and that where the will of the legislature declared in its statutes, stands in oppositinn to that of the people declared in the constitution,...be governed by the latter, rather than the former. THE FEOERALIST No. 78, at 577-78 fA. Hamiltonl fJ. Hamilton ed. l864l. 289. We are reminded by Mr.... | |
 | Sanford Levinson - Law - 1995 - 344 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." Alexander Hamilton, James Madison, and John Jay, The Federalist... | |
 | Donald A. Wittman - Political Science - 1995 - 244 pages
...Interpretation ". . . where the will of the legislature, declared in its statutes, stands in opposition to the people, declared in the constitution, the judges ought to be governed by the latter." Hamilton contrasts this with the case where the constitution is not involved. "In such a case [where... | |
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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... 
