.MTc4NA.MjIwMTk

XXX when excerciseing [exercising] Judicial power, nor any other tribunal on earth can, on any occasion, or in any manner, or under any pretence, call in question the due excercise [exercise] of the powers confered by this Constitutional provision, or in other words, can examine into, or question the manner, in which any branch of the Government was organized. From the nature of the case, as well as this express provision of the Constitution, it must be so. Otherwise interminable confusion would ensue. The House might refuse to recognize the Senate on the alledged ground, that some of its Members had not been duly elected; or its presiding Officer properly chosen, or that there was some defect, or irregularity in its organization. The Senate might question the authority of the House on similar grounds. Our Supreme Court, or other Courts, even our Justices of the Peace, might well enquire into the Constitutionality of our Acts and Resolves for the same reason, that is to say, not condemn the Laws, but the manner of passing them. 2d. This Act does not enumerate the titles or dates of the Acts and Resolves of the Last Legislature, as give the substance of the same, and does not profess to re-enact them; it is then, notwithstanding its imposing title, not properly an Act, but a Legislative declaration, that these Acts and Resolves are unconstitutional, and that this Legislature has only to speak the word, and they become Healed, or purged of this taint, and are in future to be received and accredited by the People, and our Courts of Law, as good and wholesome laws. This we say is an attempt by this Legislature to excercise [exercise] Judicial Power, which is expressly forbidden by the Constitution. If it is competent for this Legislature to declare these Acts and Resolves unconstitutional