Alexander HamiltonAlexander Hamilton, (1757-1804) American statesman, Secretary of the Treasury

Alexander Hamilton Quote

“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.”

Alexander HamiltonAlexander Hamilton
~ Alexander Hamilton

Federalist No. 78, p. 404

Ratings and Comments


Mary - MI
  • Reply
Mary - MI    5/4/12

The U.S. Constitution is this nation's Supreme rule of Law and is therefore SUPERIOR to every law, statute and ACT that runs counter to it. Any law, statute or Act that runs counter to the U.S. Constitution should be made null and void.

E Archer, NYC

Actually, it is not exclusively the domain of the courts to determine the meaning of a law, this power still resides with the People. The People can reaffirm the meaning of the laws, especially the laws the government are to observe in the Constitution. States have the right to clarify what they mean -- yes, I use the present tense, because the Constitution is a living document indeed -- these are not just the words of the past, they are to refer to the intentions of the present People.

Mike, Norwalk

Almost accurate but stated very poorly. The Constitution is not law or, a law in any way, shape, form or by definition. The Constitution is not law to man (individually or in concert) but, it offers limiting provisions whereby man may politically function with in a defined structure, order and use authoritative tools to legislate certain codes, codifications, conventions, ordinances, rules, statutes, etc. in harmony with the laws of nature and of nature's God. A de jure natural law / common law - Constitutionally specified court may determine fact or law set within the ordering bounds of the legislature and Constitution. And, the domain of determining the meaning of a law resides in courts, the legislature (as representatives of the sovereign individuals) and, the foundation of all administrative determinations "We The People".

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