Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Speaking on this subject of judicial power and duty, Hamilton in the
"Federalist" used language which cannot be too often repeated. He
clearly showed that in 1788 it was understood and contemplated that the
courts should exercise the power to adjudge invalid any statute which
was in conflict with the Constitution. In fact, such power had then
already been exercised by state courts. He said that constitutional
limitations "can be preserved in practice no other way than through the
medium of courts of justice, whose duty it must be to declare all acts
contrary to the manifest tenor of the Constitution void. Without this,
all the reservation of particular rights or privileges would amount to
nothing.... 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. No legislative
act, therefore, contrary to the Constitution, can be valid. To deny
this would be to affirm that the deputy is greater than his principal;
that the servant is above his master; that the representatives of
the people are superior to the people themselves; that men acting by
virtue of powers may do not only what their powers do not authorize,
but what they forbid.... 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 particular act proceeding from the legislative body. If there
should happen to be an irreconcilable variance between the two, that
which has the superior obligation and validity ought, of course, to be
preferred; or, in other words, the Constitution ought to be preferred
to the statute; the intention of the people to the intention of their
agents. Nor does this 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; and that where the will of the
legislature, declared in its statutes, stands in opposition to that
of the people, declared in the Constitution, the judges ought to be
governed by the latter rather than the former. They ought to regulate
their decisions by the fundamental laws, rather than by those which are
not fundamental."[19]
Public-domain text, read in full here on John Shaqi.
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