There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. The Editorial Review - Page 7031912Full view - About this book
| Harvey Flaumenhaft - 1992 - 340 pages
...constitution can be valid. This is inferred from the proposition that if an act of delegated authority is contrary to the tenor of the commission under which it is exercised, then it is void. No proposition depends on clearer principles than does this. A denial of what is inferred... | |
| George Wescott Carey - 1994 - 220 pages
...due course, the courts' authority derives from a position that rests upon the clearest of principles: "that every act of a delegated authority, contrary...commission under which it is exercised, is void." Thus, "no legislative act" that contravenes the Constitution is valid. "To deny this," he contends,... | |
| United States. Congress. House. Committee on the Judiciary - 1996 - 556 pages
...Madison, 5 US (1 Cranch) 137 (1803) . See also The Federalist No. 78 (Hamilton) ("No legislative act . . . contrary to the constitution can be valid. To deny this, would be to affirm . . . that the representatives of the pecpla are sucerior to the people themselves; that men acting by virtue of powers,... | |
| United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1996 - 196 pages
...Madison. 5 0.S. (1 Cranch) 137 (1803). See also The Federalist No. 78 (Hamilton) ('No legislative act . contrary to the constitution can be valid. To deny this, would be to affirm . . . that the representatives of the people are superior to the people themselves; that men acting by virtue cf powers,... | |
| Bardo Fassbender - 1998 - 444 pages
...the legislative authority', and which provides for a control of this authority by independent courts. 'No legislative act, therefore, contrary to the Constitution,...deputy is greater than his principal; . . . that the representatives of the people are superior to the people themselves ... ,'36 'The Constitution', Ham32... | |
| Kermit L. Hall - 2000 - 506 pages
...judicial review. Federalist 78 argued, first, that an act that violated the Constitution was void: There is no position which depends on clearer principles,...legislative act, therefore, contrary to the Constitution, c .111 be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that... | |
| E. Robert Statham - 2002 - 176 pages
...body" which may pass unjust or partial laws.56 Alexander Hamilton states this point in Federalist 78: There is no position which depends on clearer principles,...be to affirm, that the deputy is greater than his principle; that the servant is above his master; that the representatives of the People are superior... | |
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