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" If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred : in other words, the constitution ought to be preferred to the statute ; the intention of the... "
The True Doctrine of State Rights: With an Examination of the Record of the ... - Page 22
by James Breckinridge Waller - 1880 - 83 pages
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A Collection of Cases Decided by the General Court of Virginia, Chiefly ...

Virginia. General Court, William Brockenbrough, Hugh Holmes - Courts - 1815 - 364 pages
...course to be preferred; or, in other " words, the constitution ought to be preferred to the " statutes; the intention of the people to the intention of "...conclusion by any means suppose a " superiority of the judiciary to the legislative power. " It only supposes that the power of the people is supe" rior to...
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The Federalist: On the New Constitution

Alexander Hamilton, James Madison, John Jay - Constitutional history - 1817 - 570 pages
...course, to be preferred: in other words, the constitution ou<;ht to be preferred to the sta. tute, the intention of the people to the intention of their agents. Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...
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The Federalist, on the New Constitution, Written in the Year 1788, by Mr ...

James Madison, John Jay - Constitutional law - 1818 - 882 pages
...particular act proceeding from the legislative body. If there should happen to be an irreconcileable variance between the two, that which has the superior...be preferred to the statute ; the intention of the peoplf toJhe intention of their agents. (Nor does the conclusion by any means suppose a superiority...
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Register of Debates in Congress: Comprising ..., Volume 1; Volume 6; Volume 50

United States. Congress - Law - 1830 - 692 pages
...there should happen to be any irreconcilcable variance between the two, of course, to be preferred; or, in other words, the constitution ought to be preferred...intention of the people to the intention of their agents. As long-, therefore, as the Federal courts retain their honesty and independence, our constitution...
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The Federalist: On the New Constitution

James Madison, John Jay - Constitutional law - 1826 - 736 pages
...the courts. A constitution is, in fact, and must be regarded by the judges as a fundamental law. It must therefore belong to them to ascertain its meaning,...people to the intention of their agents. Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...
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Register of Debates in Congress: Comprising ..., Volume 1; Volume 6; Volume 50

United States. Congress - Law - 1830 - 692 pages
...there should hnppcn to be any irrcconcileable variance between the two, of course, to be preferred! or, not unalterable. It is to continue in its present form no As long, therefore, as the Federal courts retain their honesty and! independence, our constitution...
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The Federalist on the New Constitution

Alexander Hamilton, James Madison, John Jay - United States - 1831 - 758 pages
...there should happen to be an irreconcilable variance between the two, that which has the superiour obligation and validity ought, of course, to be preferred...people to the intention of their agents. Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - Constitutional history - 1833 - 800 pages
...the meaning of any particular act proceeding from the legislative body. If there should happen to bu an irreconcilable variance between the two, that which...intention of the people to the intention of their agents. has decided, that in the last resort the judiciary must decide upon the constitutionality of the acts...
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Paley's Moral and Political Philosophy

William Paley - Ethics - 1835 - 324 pages
...shown that judges should hare primary regard to the constitution ? * K>nt's Com. Loot. 20. statutes ; the intention of the people, to the intention of their agents. Nor docs the conclusion by any means suppose a superiority of the judicial to the legislative power. It...
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The Federalist: On the New Constitution, Written in the Year 1788

Alexander Hamilton, James Madison, John Jay - Constitutional history - 1837 - 516 pages
...particular act proceeding from the legislative body. If there should happen to be an ii reconcilable variance between the two, that which has the superior...people to the intention of their agents. Nor does the conclusion by any means suppose a superiority of the judicial to the legislative power. It only...
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