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XXXI

and to proceed to heal them, or make them valid, it is equally competent for them to declare them unconstitutional, and not proceed to heal them. Does this Legislature then rightfully possess the power to declare laws unconstitutional? If so we may dispense with our Supreme Court for all purposes of Constitutional Law. This doctrine it will be perceived, goes directly to break down the wholesome barriers erected by our Constitution between the Legislative, Executive and Judicial Departments, and tends to a consolidation of all the powers of Government in the Legislative Departments. It necessarily involves the doctrine of nullification with all its odious incidents. We have a written Constitution, and we should regret, if nullification or any kind of extra Legislation should be permitted to sap its foundations. 3d. This Act or Legislative declaration cannot, for the reasons already assigned, be effectual for any legitimate and 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 litigations, and by superinducing a false belief in the public mind, that the Legislature may rightfully excercise [exercise] Judicial power, by simply declaring any of our Laws to be unconstitutional and void, or to declare them such, and then proceed to declare them good and valid; and yet for many years past, our Courts, and the Legislature have been uniformly in the practise of declaring that all healing Acts are useless and invalid; and the Legislature, this session, on numerous petitions of Towns, and other Corporations, praying that the imperfections, defects, or irregularities in their doings might be rectified, and their Acts made good, have refused to grant their prayer, on the ground the Legislature has no