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its foundations | its foundations | ||
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| − | And yet for many years past our | + | 3 - This act or legislative declaration cannot for the reasons already assigned be effectual for any legitimate & fair purposes - |
| − | 4 | + | |
| + | Will it not then cause infinite mischief by creating doubts in the minds of the people where none existed before by giving rise to litigation & by superinducing a false belief in the public mind that the Legislature may rightfully exercise Judicial power by simply declaring any of our laws to be unconstitutional & void - or to declare them such & then proceed to declare them good & valid | ||
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| + | And yet for many years past our Courts & the Legislature have been uniformly in the practice of declaring that all healing acts are useless & invalid - & the Legislature of this session on numerous petitions of towns & other corporations praying that the imperfections defects or irregularities in their doings might be rectified & their acts made good have refused to grant their prayer on the ground that the Legislature has no constitutional power to pass such laws & that if it should pass them such acts could not be efficacious to any useful purpose as our Courts would not recognize them as constitutional And can any one suppose that it transcends the Constitutional power of the Legislature to pass a law curing such defects or irregularities in the doings of the most petty corporations - & yet that this Legislature has the competency to infuse life & vigor into all the acts & Resolves of the last Legislature which were before a dead letter because unconstitutional - and all this by magic of a simple declaration | ||
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| + | 4 All the reasons we have urged against the power of this Legislature to declare the acts & Resolves of the last Legislature good and valid for any useful purpose apply with equal force to the 4th & 5th Sections of this act which go to declare the acts & doings of the Executive department of the government of last year unconstitutional & then profess to make them good & valid | ||
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But the facts asserted or insinuated in the preamble of this act are as we believe without foundation & that any impartial & intelligent tribunal would on the most rigid scrutiny so pronounce them | But the facts asserted or insinuated in the preamble of this act are as we believe without foundation & that any impartial & intelligent tribunal would on the most rigid scrutiny so pronounce them | ||
| − | We are not told by this | + | |
| + | We are not told by this act in what respect the Legislature of last year was not properly organized & are left on this subject to the dim light of conjecture - It is easier & sometimes more convenient to deal | ||
Latest revision as of 13:38, 23 March 2021
344
its foundations
3 - This act or legislative declaration cannot for the reasons already assigned be effectual for any legitimate & fair purposes -
Will it not then cause infinite mischief by creating doubts in the minds of the people where none existed before by giving rise to litigation & by superinducing a false belief in the public mind that the Legislature may rightfully exercise Judicial power by simply declaring any of our laws to be unconstitutional & void - or to declare them such & then proceed to declare them good & valid
And yet for many years past our Courts & the Legislature have been uniformly in the practice of declaring that all healing acts are useless & invalid - & the Legislature of this session on numerous petitions of towns & other corporations praying that the imperfections defects or irregularities in their doings might be rectified & their acts made good have refused to grant their prayer on the ground that the Legislature has no constitutional power to pass such laws & that if it should pass them such acts could not be efficacious to any useful purpose as our Courts would not recognize them as constitutional And can any one suppose that it transcends the Constitutional power of the Legislature to pass a law curing such defects or irregularities in the doings of the most petty corporations - & yet that this Legislature has the competency to infuse life & vigor into all the acts & Resolves of the last Legislature which were before a dead letter because unconstitutional - and all this by magic of a simple declaration
4 All the reasons we have urged against the power of this Legislature to declare the acts & Resolves of the last Legislature good and valid for any useful purpose apply with equal force to the 4th & 5th Sections of this act which go to declare the acts & doings of the Executive department of the government of last year unconstitutional & then profess to make them good & valid
But the facts asserted or insinuated in the preamble of this act are as we believe without foundation & that any impartial & intelligent tribunal would on the most rigid scrutiny so pronounce them
We are not told by this act in what respect the Legislature of last year was not properly organized & are left on this subject to the dim light of conjecture - It is easier & sometimes more convenient to deal