The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-09-01
THELAW MAKING MANIA.

THE LAW MAKING MANIA.
There is this striking difference between
countries which are founded upon written con
stifution and those whose constitutions consist
a general acce ptance OF certain essential rights
and restraints That those countries are least
given legislation III which the powers of legls-
lation are least strictly prescribed.
In England, for instance, law is law. a
ftatute has the dignity Of final dellverance by
the law-1naking power As q consequence, there
are, comparatively speaking few laws. Such
statutes as are enacted passed with deilbera'
ton that in America would seem TO indicate Il
hopelessly dilatory habit. Yet a little thought
will show, that In view of the final character of
the law itself there is every for dellbera-
lion foreign to the Legislative spirit of this coun-
I Try.
In America, with its written constitution, the
passage Of law Of any Importance is but the
FIRST step in its history. 1t must square with
lhe constitution. It must run the gauntlet of
judicial construction. 1t must prove its right
10 enforce the things which it is declared to enact
I 1t il this subconscious knowledge of the prelim-
mary character of statutes considered laws
that has produced prolixity Of laws. With US,
the pat remedy for every suggested abuse is "a
law. And because the law as enacted is sub
iect to SO many constitutional chances it incon-
sistently follows that IL is passed with small care
for its legality and smaller consideration of its
effect should it turn out to be legal. With these
facts admittedly the TRUTH it is difficult to specu-
fate on what would be the result of the habit of in
discriminate law making, it not subject to
The check of the deliberate and thoughtful writer
constitution. Constitutions, as understood in
America, are the careful and deliberate legisa-
tive acts which III countries without written
fundamental law are passed by the law making
bodies
1t is therefore significant sign that the times
point a tendency toward a development Of the
indiscriminate law making habit to point where
The constitutions themselves are not safe. Amend
ment of the Federal constitution is pending. Vir
ginia and other States are considering changes in
the fundamental laws The new States of Arr
Eona and New Mexico, preparing to erect con-
stitutions under which TO live, are advised by
Colonel Roosevelt to so construct them TO have
the door open TO easy change and amendment.
Everywhere the constitution and the courts are
under fire. But the vice of the agitation is the
question of what will be substituted to safeguard
the safeguards which are proposed to be de-
stroyed
up to the moment when Oklahoma left precedent
to embark upon the principle of experiments
tion--these instruments have held whatever OF
thought and deliberation existed in this country
80 far as legislation is concerned. We have,
as it were provided against a law making de-
Dauch by a sober hour in advance of the de-
banch itself. If II shall now become the fashion
to Withdraw constitutional restraint by making
sho al af ND
ment Legislative statute it viii be necessary
u for the country to assert and strange hest
txtion in lie manufacture of laws and that this
virtue would be slow growth through troublous
years, all who know legislative methods must
readily realize.
1t is because we belieye in the necessity of the
restraints which constitutions bring TO bear up
on the making of laws, as well as upon the eff
feet of laws that view with special concern tn.
attempt TO amend the Virginia constitution, re
Gently passed after long and earnest considera
tion. The success Of the amendments would il
orr opinion set a precednt of far more danger
& than any hurt arising from any one of the amend
nents themselves. 1t would further tend to max
legislation hasty, to make it Irresponsible t.
make it careless. At present a hurtful law gen
4 orally encounters a constitutional inhibition
q IL the constitution itself is to be indiscrminatey
legislated upon, bad law will be binding law
for all that.
We hope, for the good of the State and the
stability of its institutions, that the mania for
5 legislation will with us at least confne itself
To the making Of statutes, rather than taking exer
q disc at the expense of the fundamental and care
& fully enacted provisions within which all law
81 must End their measure.
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