The daily sentinel., 1912-04-04
Grand Junction. Colo.

In your issue of February 9th Her
bert S. Swan asserts that the only
valid argument for the recall OF
judges is that they pass upon the
constitutionality of statutes, and he
closes with this sentence: IF judg-
es, then, were to be deprived of the
! prerogative of passing upon the con-
stitutionality of laws, there would no
longer be any valid argument favor
| ing even their popular election, much
less their recall" But if courts are
not to pass upon the Constitutionality
of laws. by whom is the individual to
be protected from unconstitutional
laws?
The constitutions of the various
states were adopted for the purpose
of placing restrictions upon legisla-
tive bodies created by the constitu-
tions, and If these legislative bodies
violate those restrictions by enacting
laws contrary to the constitutions. it
must necessarily be the duty of the
courts to say that they are contrary
to the provisions of the constitutions
and that being contrary thereto are
null and void. These restrictions
were placed upon the legislative bod
les by the people In adopting their
constitutions by reason of the eXpe-
rience of the English speaking people
Tor ages before our present constitu-
tons were adopted, which experience
taught them that unrestrained legis-
lative bodies often abuse their power
The following are common provi-
sions of the constitutions of most of
the states of the United States.
That the free exercise and enjoy
ment of religious profession and
worship. without discrimination
shall forever hereafter be guaran-
teed. No person shall be re-
quired to attend or support any min
istry or place of worship. religious
sect or denomination against his con-
sent.
That all elections shall be free and
open; and no power. civil or military,
Snall at any time interfere to prevent
| the tree eeNrcise of the right of suf-
| irage
That no law shall be passed i'm
| pairing the freedom of speech.
That no ex post facto law. nor law
impairing the obligation of contracts,
or retrospective in its operation. or
making any irrevocable grant of
! special privileges. franchises or i'm
munities shall be passed by the gem
eIal assembly.
nat private property shall not be
taken or damaged for public or pri-
| fate use without Just compensation,
That in criminal prosecutions the
accused shall have the right to ap-
pear and defend in person and bv
counsel; to demand the nature and
cause OF the accusation; to meet the
witnesses against him face to face
TO nave process to compel the at
tendance of witnesses in his behalf
and a speedy public trial by an i'm
partial jury of the county or district
IN which the offense is alleged to
haNe been committed
lhat no person shall be deprived of
me, liberty or property without due
process of law.
Many Others might be cited. all of
which are common to the constitu-
tons of most of the states of the
united States and all of which pro-
visions are restrictions upon legisla-
tive bodies.
II legislative body in one of the
states should pass a law recurring
all people to worship according to the
rules and regulations of some partic.
ular sect or denomination and make
1t a penal offense for a court of
power to pass upon the constitution
aIity of such law and compel them
TO enforce it against the individual
If Legislative body should enact
law prohibiting everyone from yot.
ing at an election, except such as