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" The interpretation of the laws is the proper and peculiar province of the courts. 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... "
Writings of Levi Woodbury, LL. D.: Judicial - Page 333
by Levi Woodbury - 1852
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The Rise of Modern Judicial Review: From Constitutional Interpretation to ...

Christopher Wolfe - Law - 1994 - 472 pages
...peculiar province of the courts," — and, second, the nature of a constitution — a "constitution is in fact, and must be, regarded by the judges as a fundamental law." From these it follows that judges "ought to regulate their decisions by the fundamental laws, rather...
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Freedom of Choice Act of 1991: Hearing Before the Subcommittee on Civil and ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - Law - 1994 - 294 pages
...authority. The interpretation of the laws is the proper and peculiar province of the courts. 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 . . . .*); Marbury v. Madison. 5 US (1 Cranch)...
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Freedom of Choice Act of 1991: Hearing Before the Subcommittee on Civil and ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - Law - 1994 - 282 pages
...authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It therefore belong* to them to ascertain its meaning ....*); Marbury v. Madison. 5 US (1 Cranch) 137,...
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Freedom of Choice Act of 1991: Hearing Before the Subcommittee on Civil and ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - Law - 1994 - 294 pages
...authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental lav. It therefore belongs to them to ascertain its meaning ...."); Marburv v. Madison. 5 US (1 Cranch)...
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The Federalist: Design for a Constitutional Republic

George Wescott Carey - History - 1994 - 220 pages
...interpretation of the laws is the proper and peculiar province of the courts." Thus, because the Constitution "is, in fact, and must be regarded by the judges as, a fundamental law," ascertaining its meaning, "as well as the meaning of any particular act proceeding from the legislative...
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A History of the Supreme Court

Bernard Schwartz - History - 1993 - 480 pages
...limits. "The interpretation of the laws is the proper and peculiar province of 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, as well as the meaning of any particular...
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Judicial Dictatorship

William Quirk, R. Randall Bridwell - Law - 1995 - 162 pages
..."interpretation of the laws is the proper and peculiar province of the courts", and a "constitution is in fact, and must be regarded by the judges as a fundamental law." This does not, Hamilton concluded, make the judicial superior to the legislative — it "only supposes...
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Constitutional Justice Under Old Constitutions

Elvind Smith - Law - 1995 - 424 pages
...it would be applied by the judges.16 In Federalist No. 78, Hamilton insisted that the Constitution "is, in fact, and must be regarded by the judges, as a fundamental law,"17 and Marbury v. Madison emphasized precisely the same point. 18 Only after it was assumed that...
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Religious Liberty in Western Thought

Noel B. Reynolds, W. Cole Durham - Fiction - 2003 - 320 pages
...is the language of The Federalist as well when Publius [Alexander Hamilton] writes: A constitution is in fact, and must be, regarded by the judges as a fundamental law. . . . where the will of the legislature declared in its statutes, stands in opposition to that of the...
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Governing America: History, Culture, Institutions, Organisation, Policy

Tim Hames, Nicol C. Rae - History - 1996 - 354 pages
...the people of the United States as opposed to the temporary will of the legislature: 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...
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