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+ | for all known defects the Legislature should indeed provide a speedy and on effectual remedy, but the application of such remedy should never be attempted, unless the defect be fully understood. The people have a right to expect that the laws will be certain, plain and intelligible, as well as equal and just in their operation. In such laws faithfully and uprightly administered, all honest citizens most willingly acquiesce. As under our government, laws are rules which individuals by their representatives, prescribe for the regulation of there own conduct toward each other, and the community, such rules should be well defined, and as far as practicable, within the comprehension of any citizen. By frequent changes, statutes upon the same subject are multiplied, old statutes are partially repealed, doubts arise as to the extent or effect of repealing clauses, and the construction of additional acts requires judicial decisions by reason of some unintentional ambiguity until this rule, intended as a general guide, can be understood by few only, except those whose profession at duty it is to expound its obligation. Such was the situation of some of our statutes previous to the late revision. | ||
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+ | It is observable that, within a few years, propositions to amend the national constitution have become much more frequent than during the first twenty years of its existence. Scarce a session passes but the Legislature is requested to give its assent to some amendment proposed by a sister State. It is however, a proof of the high estimation in which this entire instrument is held by the American people, that within the time above referred to, none of these various propositions have been sustained by the requisite majority. That it may be susceptible of improvements will not be denied for |
Revision as of 18:19, 29 April 2020
245
for all known defects the Legislature should indeed provide a speedy and on effectual remedy, but the application of such remedy should never be attempted, unless the defect be fully understood. The people have a right to expect that the laws will be certain, plain and intelligible, as well as equal and just in their operation. In such laws faithfully and uprightly administered, all honest citizens most willingly acquiesce. As under our government, laws are rules which individuals by their representatives, prescribe for the regulation of there own conduct toward each other, and the community, such rules should be well defined, and as far as practicable, within the comprehension of any citizen. By frequent changes, statutes upon the same subject are multiplied, old statutes are partially repealed, doubts arise as to the extent or effect of repealing clauses, and the construction of additional acts requires judicial decisions by reason of some unintentional ambiguity until this rule, intended as a general guide, can be understood by few only, except those whose profession at duty it is to expound its obligation. Such was the situation of some of our statutes previous to the late revision.
It is observable that, within a few years, propositions to amend the national constitution have become much more frequent than during the first twenty years of its existence. Scarce a session passes but the Legislature is requested to give its assent to some amendment proposed by a sister State. It is however, a proof of the high estimation in which this entire instrument is held by the American people, that within the time above referred to, none of these various propositions have been sustained by the requisite majority. That it may be susceptible of improvements will not be denied for