 | 1845 - 436 sider
...variance between the two, that which has the superior obligation ought, of course, to be preferred : in other words, the Constitution ought to be preferred...conclusion, by any means, suppose a superiority of the judicial to the legislative power. It only presumes that the power of the people is superior to both... | |
 | Georgia. Supreme Court - 1850 - 660 sider
...Constitution — which is the fundamental law — and a particular Act proceeding from the legislative body, th.at 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 people,... | |
 | Georgia. Supreme Court - 1850 - 688 sider
...Constitutkm— which is the fundamental law — and a particular Act proceeding from the legislative body, 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 people,... | |
 | Joseph Story - 1851 - 642 sider
...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...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... | |
 | Levi Woodbury - 1852 - 446 sider
...then, there should happen to be an irreconcilable variance between the constitution and a statute, that which has the superior obligation and validity ought, of course, to be preferred ; in other words,'' "the intention of the people ought to be preferred to the intention of their agents.... | |
 | Levi Woodbury - 1852 - 444 sider
...then, there should happen to be an irreconcilable variance between the constitution and a statute, that which has the superior obligation and validity ought, of course, to be preferred ; in other words,'' " the intention of the people ought to be preferred to the intention of their agents.... | |
 | George Robertson - 1855 - 422 sider
...ascertain its maaning, OK well as that of any act of the legislature. If there be an irreconcilable variance between the two, that which has the superior...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,... | |
 | George Robertson - 1855 - 422 sider
...its meaning, as well as that of any act of the legislature. If there be an irreconcilable variant« between the two, that which has the superior obligation...agents. Nor does this conclusion, by any means, suppose! superiority of the judicial to the legislative power It only supposes that the power of the people... | |
 | George Robertson - 1855 - 422 sider
...ascertain its meaning, as well ts thirt nf any act of the legislature. If there be an irreconcilable variance between the two, that which has the superior...other words, the constitution ought to be preferred to th» statute; the intention of the people to the intention of their agents. Nor does this conclusion,... | |
 | William Alexander Duer - 1858 - 440 sider
...obligation ought, of course, to be preferred ; in other words, the Constitution ought to be preferred 10 the statute ; the intention of the people to the intention...conclusion, by any means, suppose a superiority of the judicial to the legislative power. It only presumes that the power of the people is superior to both... | |
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A constitution is in fact, and must be, regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be... 
