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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. "
The Editorial Review - Page 703
1912
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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 - 1994 - 282 pages
...legislature in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar...by the judges as, a fundamental law. It therefore belong* to them to ascertain its meaning ....*); Marbury v. Madison. 5 US (1 Cranch) 137, 177 (1803)....
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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 - 1994 - 294 pages
...legislature in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar...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 Rise of Modern Judicial Review: From Constitutional Interpretation to ...

Christopher Wolfe - 1994 - 472 pages
...question must be asked since it is precisely on this point that the power of judicial review is based: "The interpretation of the laws is the proper and peculiar province of the courts" (Federalist No. 78). The same problem arises in Wilson's discussion of particular principles of interpretation....
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Hearings Relating to Madison Guaranty S&L and the Whitewater Development ...

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs - 1994 - 1344 pages
...Judiciary to interpret the law. The Federalist No. 78, at 467 (A Hamilton) (C. Rossiter ed. 1961). (The interpretation of the laws is the proper and peculiar province of the courts.") More recently, the United States Supreme Court has made clear that, "under the Constitution, one of...
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A History of the Supreme Court

Bernard Schwartz - 1993 - 480 pages
...nothing."70 The courts, Hamilton urged, were designed to keep the legislature within constitutional limits. "The interpretation of the laws is the proper and...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 act...
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The Constitution As Political Structure

Martin H. Redish - 1995 - 240 pages
...Federalist No. 78, at 492 (Alexander Hamilton) (Benjamin F. Wright, ed. 1974) ("The interpretation of law is the proper and peculiar province of the courts....constitution is, in fact, and must be regarded by judges, as fundamental law. It therefore belongs to them to ascertain its meaning. . . ."). I have...
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Judicial Dictatorship

William Quirk, R. Randall Bridwell - 1995 - 162 pages
...legislature, in order, among other things, to keep the latter within the limits assigned to their authority." The "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...
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The Federalist: Design for a Constitutional Republic

George Wescott Carey - 1994 - 220 pages
...faction may poison the fountains of justice" (483-84). In Federalist 78, Publius is content to note that "the 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,"...
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Constitutional Justice Under Old Constitutions

Elvind Smith - 1995 - 424 pages
...widespread belief that 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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Absolute Monarchy and the Stuart Constitution

Glenn Burgess - 1996 - 252 pages
...onwards): see Hamilton in The Federalist Papers, ed. Clinton Rossiter (New York, 1961), no. 78, p. 467: 'A constitution is, in fact, and must be regarded by the judges as, a fundamental law.' 37. Perhaps these remarks do something to clarify the question of the anachronism of the concept of...
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