 | Massachusetts. Constitutional Convention - Constitutional conventions - 1919 - 1228 pages
...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,...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
...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,...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
...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,...stands in opposition to that of the people, declared in their Constitution, the judges ought to be governed by the latter rather than the former. They ought... | |
 | William Maxwell Evarts - Statesmen - 1919 - 768 pages
...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,...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
...judicial to the legislative power. It only supposes that the power of the people is superior to boti; 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 be governed by the latter rather than... | |
 | Eu-Yang Kwang - China - 1922 - 232 pages
...of the judicial to the legislative power. It only implies that the power of the people is superior to both; and that where the will of the legislature,...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.... | |
 | Charles William Bacon, Franklyn Stanley Morse - Common law - 1924 - 424 pages
...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,...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,... | |
 | Charles Emanuel Martin - Constitutional history - 1925 - 420 pages
...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,...their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two... | |
 | Charles Warren - Constitutional history - 1925 - 328 pages
...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...be governed by the latter, rather than the former." — • ALEXANDER HAMILTON, in The Federalist, No. 78, July 17-20, 1788. "The framers of the Constitution,... | |
| |
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... 
