Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-04-15
CoNDITIoNAL LEGISLATION.

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did not affe,.,rf t., e-S Il,< of i-
,,f fine sI,irft of Is AL to
sfr5e As r. kn5 when
men "a Of the State sbor
8 finate to schemes they
the gny and the madness Of which
shrink not from te possibilities ofpablic duty.
Then did they begin to invent devices for eVafing
the lust Of their position and then for
the frst time was oduced the ezpedient Of con-
ditionaI leeisation This supplemental piece in the
macIinerT of government owes its paternity to the
inventive genius whence sprung the idea of wooden
nutInegs and liquor laws and however effective in
ACCOMPLISHING the purposes of its origin it cannot
escape the censure of being inconsistent with the
) theory of representa- tive government. -
"A pure democracy, wherein all the powers of goy-
ernnent are exercised directly and lmme dlately by
people themselves is scarcely less nlical to the
idea of Req blicanisnl than absolute monarchy
of society and the progress OF cylliza
ton developed the theory Of Representative govern
1nent, by which the powers inherent in the people
are delegated irresponsible agents Thus blythe
OF the powers OF gov
eminent are vested IN the two houses ofthe Generai
Assembly the Executive powers In a GOVERNOR and
the Judleaary powers IN the various Inns deiega
ton OF powers ilnphes the idea OF duty and these
parlcuiar agencies are lor tnese special
purposes. Inc exercise OF tne powers imposed up
on the several departments OF the government rs
not matter OF dscreton but OF absolute oollgaton
nor can they be neglected or transferred to other
agencies Thus the Executive can neither refuse to
discharge its duties, nor entrust them to another;
The judiciary IS bound by similar obligation and
restriction; and the General Assembly can no more
transfer the power legislation to the people, than
can the Governor transfer the power of pardon, or
the courts the power of judicial decision What
should we THINK OF an Executive or judicial decree
made su1ecs TO the dpTo0aI OF me people! No less
absurd is the idea OF conditional legislation, which
is void or valid according to the result OF popular
vote AS an individual legislator cannot vote by
proxy SO neither can the legislative body enact laws
oy proxy Each possesses delegated power, winch,
by Its nature is incapable OF transfer The action
OF the Legislature within its legitimate sphere, is
complete and final. The Constitution makes it So
and the Legislature cannot defeat the purpose and
provisions OF the Constitution.
The people reserve control over legislation by
means of the courts, and by the agency of anstruc
ton and repeal They may demonstrate against the
enactment of any measure they may elect Legis-
lature with view to the repeal of obnoxious sta
tute, and the courts may pronounce law unconst-
tutional. This modern expedient of condtonalle leg
isation is therefore, useless it is absurd and
Illegal 1t is neither necessary to give efficiency to
the popular WILL nor essential as restraint on leg
islation Its only purpose is to furnish tmid and
unworthy legislators with means of escape from
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