The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-18
The Legislature and the Judiciary.

The Legislature ana the S"uaoi"'y'
The RexdIustcrs In Virginia are labcring
-. ,>r the dclusion that the Supreme Court
a, Tennessee In rendering their decision
~ last wceg In the coupon eases said or
aid something to justify them In their
measures. This, We say, Is delusion; Tor
the Judges all deprecated the idea OF doing
anything to encourage Reputation OF the
state debt. We shall treat the general sub
ject In another article. In the present, we
wish only 10 show TO our would-bc iegisla-
five Judges what the Supreme Court OF
Tennessee in that decision had to say con-
,erning the respective powers and duties OF
the legislative and the judicial departments
Of the government. We offer Judge TrR-
NEY's opinion on this question as the best
comment which could be made upon the ac-
ton Of our Legislature in resolving 10 elect
certain judges in contempt OF the opinion
Of the Supreme Court OF Appeals OF Viz
xinia. We quote Judge TuRNEY:
"Thc authority OF the State can only cx-
ist In q commission or command issued or
given In conformity 10 the requirements OF
the Constitution. a Legislature Is The
creature Of the Constitution and cannot
rise above il. The Constitution Is the
chart and guide, and by it the Legislature
must be governed and controlled. When
ever the law-making power violates the
Constitution its act is nullity, ana, beng
Z nudity, is not an authority oil the State.
That's what we have been trying to inn
press upon our Rcsdiuster Legislators
namely, that when they pass bill'which
they know TO be unconstitutional, that bill
can never become valid law. "Being
nullty,v says the court, 9 il is not an au-
fhority OF the State" In word, there Is
no law constitutional and valid which the
supreme Court has pronounced unconsti-
tutional, and therefore null and void; and
the General Assembly has TO power to
breathe life into any such action, whether
il takes the shape OF bill, OF joint reso-
tuition, or an election Of officers. II cannot
thus eyade the decision. All these acts are
null and void. We quote Judge TURNEY
again:
alt can only be worked out on the as
sumption that the Legislature, the creature,
is superior 10 and may override the Consti-
tution, the creator. Legislatures may be
abolished by Constitutions, but Constitu-
mons can never re abolished by Legisla-
lures. One may make and unmakc, may
create or destroy. enlarge or contract the
other, while that other dependent upon the
one for its creation and life must yield to II
implicit obedience and reyerential defer
ence. The officers OF the State constituting
the three departments OF government de-
rive all power and authority from the Con-
>titution. That instrument l. the master,
the governmental departments the servants.
BY what rule does the servant rise above
the master!
"There is no higher lac than the COnSti-
tuition, and ii its written and solemn IN
functions may lie lightly overlooked, the
experiment OF attempting limit on restI1c-
ton 10 power is q failure, and the Constr
tuition dead letter.
on the mandates Of tie Constitution are
10 be Observed, there IA not nor can be such
thing as an officer OF Tie State acting by
authority Of tie Stote in pursuance OF an
unconstitutional ldr. II the officer and his
Office are created by The unconstitutional
,rercise of po,rcr, or the exercise of po,cer
not conferred oy the Constitution, the
.frst IS a violation Of po'rer' the second IT'S
asurpation."
"A law unconstitutional is void and con-
fcrs neither rights nor authority. Officers
created 6y IL are ,ryOng-dOerS ,chenerer
Mey attempt IFS erecution. | am COM
PEELED to confess my utter incompetency
TO comprehend the reasoning upon which
il has been holden that unconstitutional
enactments may be, must be, treated as au-
tbority Of the State. TO my mind it is the
climax OF absurdity."
II that had been written for the benefit OF
the Readiusters in the Virginia Legisla-
ture, it would have hit the mark exactly.
Read again your Joint resolution declaring
that you will elect judges in contempt of
the decision OF the Supreme Court, and
read it in the light Of the following words:
A Joint resolution, or an election, il I'M
constitutional, land the Supreme Court
only can decide whether either is consttu-
,ional or not, is Uoid and confers neither
rights nor authority. Officers created By II
are toron9-doerS ,,he,eceT they attempt its
crecutiOn."
Officers are wrong-doers If they are ere
.,tod nv on unconstitutional election