The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-04-12
CONSTITUTIONAL LAW.
LrMfzep POWER OF THE coNs7ysErIo

Editors OF Bailetin
The Picayftnc of this morning contshns
characteristic article OH Constitutional law
evidenclng the readiness Of that journal Il
abandon, where power demands the sacri
( flee, even the last OF the traditions Of Bour
bonisln. The Constitution of Louisiana
Fixes the salaries of tie Judges Of the Su,
prenae Court, and the Legislature i'll 1871
increased them by the SUM Of $500. This
increased salary the Picarune asserts that
they are entitled to claim, because the Con-
stitution nowhere says that shey shall not
have more than the sum tixeG BY it. This
is very forcfhle reasoning from She Radical
standpoint, tart to the mind of - Bourbon
the following difficulties suggest them
selves:
This act of tie Legislature evidently
changes the Constitution. A cOnsti sutton
is, by its nature, definition and limitation
of the power of all the departments of the
Government, and to assert that the Legisla4
tnre may change any OF its provisions, es-
eept where such power has been eXpresslT
conferred npon it, is plainly destructive OF
enee is thus evaded. In Marbury VS.. Mad
son, that miserable old fogy, Chief Justice
Marshall, says: 1.-The Constitution is either
a superior paramount law, Interchangeable by
ordinary means, or it is Oh level with
ortlinary legislative acts, and, like other
acts, is alterabe when the Legislature shall
please to alter it. If the former part of the
alternative be tr1e, then legislative act
contra1rp to, the Constitution is not law; if
the latter part be true, then wRltt' n consti-
tutions~are absurd attempts, on the part of
the people. to liss,ih power in its own
nature illimitable."
1t is well known, chat that court adopted
the first alternative which, until the rise of
was always regardeeaas fnDda-
mental doctrine of American Law. This is
of the questions. But article 81 IN
instead ofidenying to- the Legislature, as the
Picayune asserts, power over the subject,
actually eonfers suehr power under certain
and thas> furnishes Il strong ar
against it's construction of article |
IS, which positively fixes, the salaries of the
Supreme Ihdges, without leaving. to the
Legislature any power over the SUBJECT
Surely this-ditterence has, a. meaning, The |
policy which dictatedt these provisions is. TOO
manifest to need specific statement.
1t was however a relic of. BburbOnism and |
las been swept away by that bold and t:lcile |
power Of construction, which. characteEizes |
he great party of progress land which cam |
nave no more servioeable maxim than. that |
o which we have now been introduced.
-'orty years>ago that party was feeble |
spark in the State of Massachusetts, With |
he progress of time, it kinditd into a vast |
,ontlagration, ard to-day we behalf the |
,harrcd and blaekened rhins,of everything |
which gives, charm or hope to- life. The /
lnest;sn for evsrE, man is.whether he will ]
ling steadfastlr to the wisdom and virtue /
If this past or hsw down before anal worship !
he demon THAI rules ths-present For one
. adopt the former course and adhere to the
locsrine Of c. il Marsh al, that she Legisla-
ure cannot Change the Constitution.
Sew Orleans, April Ii. d'LIn EOGx-