"No legislative act contrary to the Constitution can be valid.
To deny this would be to affirm that the deputy (agent) is greater
than his principal; that the servant is above the master;
that the representatives of the people are superior to the people;
that men, acting by virtue of powers may do not only what their powers
do not authorize, but what they forbid. It is not to be supposed that
the Constitution could intend to enable the representatives
of the people to substitute their will to that of their constituents.
A Constitution is, in fact, and must be regarded by judges as
fundamental law. If there should happen to be a irreconcilable variance
between the two, the Constitution is to be preferred to the statute."
Federalist Papers #78, See also Warning v. The Mayor of Savannah, 60 Georgia, P.93; First Trust Co. v. Smith, 277 SW 762, Marbury v. Madison, 2 L Ed 60; and Am.Juris. 2d Constitutional Law, section 177-178)
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