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 333by Levi Woodbury - 1852Full view - About this book
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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