Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-07
JUDGES OF CONSTITUTIONAL

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JUDGES OF CONSTITUTIONAL
&E9 LAW. h S& 80
1t may be recollected that few days
since we commented upon the declaration
recently made by one of our Senators, that
the Legislature were the proper judges of
the constitntionaity of laws. Our re-
marks have elected the following article
from the Sacramento Bee, the editor taking
the same view of the question as our
selves: s..
, Discussing one of the Governors We
toes, member of the Nevada Legislature
asserted, in effect, that he believed the
members of the Legislature were the judges
of the Constitution. That is to say, legis-
lators are to be looked upon as judges of
constitutional law, and their action in the
premises is to be considered as final. This
error of the Nevada legislator is not sin
gular it is far too general for the public
good and the frequent application of this
erroneous doctrine by bodies not legisla-
tive, and therefore not possessing the merit
and force of legal existence, has been
productive of serious injury. Not alone,
when questions of constitutional law were
at stake have legislative bodies assumed to
exercise like powers. To such an extent
has this evil grown that the country has
been flooded with enunciations of consti-
tutional law in the shape of resolutions
adopted at irresponsible political meetings,
composed of men nine-tenths of whom had
never even read any Constitution and were
consequently as ignorant of that which
they protested to expound as they were Of
the ancient laws of the Modes and Persians.
When Legislature assumes the power
of Judging the application Of principles of
constitutional law, it assumes to perform
an act for which it is not in any manner
competent. Usually a majority of the
members of the Legislature are ignorant
of the provisions ofstatute laws, and many
of them do not know the laws they assist
in making. Though such bodies have
legal existence, and are called into exist
ence for the purpose of making laws, it is
evidently a great presumption for them to
pass upon principles of constitutional law.
The Constitution, which they presume to
misjudge, expressly confers the power they
assume to exercise upon another body.
Such an act being an unwarrantable as
sumption on the part of a legislative body,
how are we to designate it when assumed
by other bodies of men who know even
less of law and legal principles Yet for
a quarter of century the most vital prin-
ciples of our National Constitution have
been passed upon and defined by just such
irresponsible and ignorant bodies, and
large portion of the people of the country
have accepted their decisions as correct.
This unwarrantable assumption of Judicial
power, ON the part of Legislatures and
political bodies prepared the way, and
made the path comparatively easy, for the
present rebellion. -is sfa
Had Legislatures attended to their legi-
innate bushes, and contented themselves
with passing such laws as in their opinion
the interests of their constituents required
Qeaving to the proper Courts the task of
deciding as to their constitutionahty,)
political conventions would not have been
encouraged to usurp judicial functions,
and people would not be, as they have
been, educated up to the point of rebellion
against that Constitution which it Is the
duty of all to uphold and to obey its pro-
visions as they are defined by tina proper
tribunals, the Supreme Courts.
Under constitutional and republican
form of government, it is essential for the
maintenance of order and security that all
branches should strictly devote themselves
to their own specific duties, and that they
should studiously refrain from exercising
the duties lawfully devolying upon others.
Legislators have no right to act as judges,
Judges have no right to act as legislators,
executive officers have no right to act as
either, and the people, either in mass meet
inss or partisan political conventions,
have no right to act either as legislators,
Judges, or as executive officers. Whenever
either of these component parts of the
political system usurp the functions not
belonging to it, but specifically set apart
to another. the door is opened to eonfus-
ion, moral and political anarchy, and
finally downright rebellion and war. The
truth of this proposition is fully establish
ed by the history Of our country for the
last twenty-five years. The too common
error enunciated by the Nevada legislator
cannot be too strongly guarded against by
the people, if they would guard themselves
against future rebellion, and preserve in
tact their republican institutions. We
have more danger to fear from usurpa-
lions, such as those above referred to,
than we have from usurpations Of despotic
power by those in high. official positions.