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.
Authentication Score 2
More information on Authentication Score coming soon.
Original Citation
Hamilton, Alexander [published as Publius]. "Federalist No. 78: The Judiciary Department." The Federalist, A Collection of Essays." New York: J. and A. McLean, 1788.
Original citation text copied to clipboard.
Current Citation
Hamilton, Alexander. "No. 78: Duration in office: good behavior. Why needed.--Hamilton." The Federalist: A Commentary on the Constitution of the United States, edited by Robert Scigliano. The Modern Library, 2001.
Current citation text copied to clipboard.
