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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... "
Commentaries on the Constitution of the United States: With a Preliminary ... - Página 426
por Joseph Story - 1833 - 776 páginas
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The Swiss Republic

Boyd Winchester - 1891 - 510 páginas
...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 iii its statutes, stands in opposition to that of the people declared in the constitution, the judges...
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Cases on Constitutional Law: With Notes, Volume 1

James Bradley Thayer - 1895 - 1214 páginas
...suppose a superioritv of the judicial to the legislative power. It only supposes that the power of s]9 .M w 8 y d $ H0|N}2 Q F4G34cf o w U zn...l %n-lg ` ` q XT 5 a~ ;by - Do-^ ,s < (X p; iu a familiar instance. It not uncommonly happens, that there are two statutes existing at one time,...
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Reports of Cases Argued and Determined in Ohio Courts of Record ..., Volume 22

William John Tossell - 1913 - 912 páginas
...means suppose a superiority of the judiciary to the legislative. It only 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 of the people, declared in the constitution, the judges ought...
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The Iowa Journal of History and Politics, Volume 1

1903 - 628 páginas
...suppose the 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...fundamental laws rather than by those which are not fundamental."1 1 The Federalist, LXXVIII. In the Massachusetts Convention of 1820, Webster, in discussing...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley, Victor Hugo Lane - 1903 - 1172 páginas
...will of the legislature, declared in its statutes, stands in opposition to that declared by the people in the constitution, the judges ought to be governed...latter rather than the former. They ought to regulate Concluisiveness of Judicial Decisions. But a question which has arisen and been passed upon in one...
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The Shop Review

1923 - 512 páginas
...suppose a superiority 6f the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the...laws rather than by those which are not fundamental." There is, therefore, no historical basis for the assertion that the power to interpret the Constitution...
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The Conflict Over Judicial Powers in the United States to 1870

Charles Grove Haines - 1909 - 194 páginas
...the will of the people shall prevail and that the courts are the better interpreters of that will. " Where the will of the legislature, declared in its...laws, rather than by those which are not fundamental." 3 Hamilton admitted that to a certain degree this was a rule of construction not derived 1 The Federalist,...
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Readings in Civil Government

Percy Lewis Kaye - 1910 - 560 páginas
...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...laws, rather than by those which are not fundamental. .,. . . If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution...
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Introduction to Political Science: A Treatise on the Origin, Nature ...

James Wilford Garner - 1910 - 642 páginas
..."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...latter rather than the former. They ought to regulate 1 "The Federalist," No. 78 (Dawson's ed.). their decisions by the fundamental laws, rather than by...
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A Study in Alexander Hamilton

Fontaine Talbott Fox - 1911 - 204 páginas
...means suppose a superiority of the judicial to legislative power. It only supposes that the power of the people is superior to both; and that where the...be governed by the latter, rather than the former." The right or power to incorporate was one of those "certain specified exceptions" to the legislative...
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