The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-26
WHOLE NO. 667.


constitution should be fixed and known, than that the
meaning of law should be sol Can, indeed, law
be hxed IN It's meaning and operation, unless the
sitnton be sol On the contrary, If a particular e-
gislature differing in the construction of the constiiu
tlon form series of preceding constructions proceed
to act that difference they not only introduce un-
certainly and instability ia the constitution, but in the
laws themselves lnasnuch all laws preceding the
new construction, and inconsistent with il, not
only annulled Tor the future but virtually pronounced
nullities from the beginning.
But il is said that the legislator sworn TO support
me constitution, must support it in his construc-
ton of it, however different from that put on il by his
predecessors or whatever be the Of the
construction. Ana ID not the Judge under the same
oath 10 support the law Yet has il ever been sup
posed that he was required liberty to DISREGARD all
precedents, however soemny repeated and regularly
observedi and by giving effect To his own abstract
and individual opinions, TO disturb the established
course OF practice the business Of the community
Has the wisest and most conscientious Judge ever
scrupled 10 acqaesce in decisions in which he has been
overrued by the matured opinions of the ma orty OF
his colleagues and subsequently TO conform himself
thereto, TO authoritative exposition Of the law
And Is not reasonable to suppose that the view
of the official cath should be taken by legislature
acting under the constitution which is his guide, as
Is taken 10y Judge, acting under the law which is
| his
necessity oil regarding course of practice, above
characterized IN the light OF legal rule of interpret
ing law ana there is Ike necessity OF considering il
constitutional rule of interpreting constitution.
lhai there may be extraordinary and peculiar cir
cumsiances controlling the rule both cases may be
| admitted but with such exceptions the rule will
force itself on the practical judgment of the most ar
dent theorist He will find il impossible TO adhere to
and act officially upon his solitary opinions as to the
meaning Of the law constitution in opposition to a
construction reduced 10 practice during reasonable
period OF time more especially where prospect ex
listed OF change of construction by the public
agents. And If a reasonable period of time mark ed
with the usual sanctions would not bar the individual
prerogative there could be limit its exercise
although the danger of must increase with tn,
increasing oblivion of explanatory circumstances anl
with the continual changes in the import of words anl
! phrases.
Let 1t then be left to the decision of every intelligent
and candid Judge, which, on the whole, is most TO be
relied on Tor the true and safe construction of
stltutlon that which has the uniform sanction of sue
cessive legislative bodies, through period of years
and under the varied ascendancy of parties or that
which depends upon the opinions of every new legis
ature teaed as may be by the spirit of party eager
in the pursuit of tavorite object led ustray by
the oquence and address of popular statesmen them
selves perhaps, under the influence of the same mis-
| leading causes.
II was in conformity with the view here taken of the
respect due to deliberate and reiterated presidents
that the Bank of the United States though the
original question held TO he unconstitutional
the Executive signature in the year 1917. The ac
| originally establishing bank had undergone ample
discussions in its passage through the several branches
OF the Government. Ii had been carried into execu
ton, throughout period of twenty years with annu
al legislative rccognitions; in instance, indeed
with positive ramifcatlon of it into new State ant
with the entire acquescence of all the local authorities
as well as the nation at large TO all of which may b,
added, decreasing prospect of any change in tn,
public opinion adverse to the consttutonalty of such
| an institution. A veto from the Executive under
these circumstances, with admission of the expedi
ency and almost necessity of the measure would hav,
| been defiance of all the obligations derived from
course of presidents amounting to the requisite evi
dence of the national judgment and intention.
II has been contchded that the authority of prece
dents in that nvalidated by the consideration
that they proved only respect for the stipulated du
ration of the bank with liberation of it until the Law
should expire, and by the casting vote given in the Sc
nate by the Vice President in the year 1871 agans
bill for establishing national bank, the being
expressly given on the ground of uncons,ihionality
/ But, if the law itself unconstitutional the stipu
atlon void and could not be cons,t utonaIy full
filed or tolerated. And to the negative of the Sc
nate by the casting vote of the presiding officer it il
fact well understood the time that il resulted not
from equality Of opinions in that assembly on the
power of Congress TO establish bank, but from O
junction of those who admitted the power, but disap
proved the PLAN with those who denied the power
On simple question of constitutionality there was
decided majority in favor of it.
JAMES MADISON.
l. Mr. INGERsoLL