Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-10-22
JUDICIAL CONIRO OF LEGISLATION IS SUBJECT or

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revision. eaid that the judges olaht
10 be able 70 expbnad the Law Is II
EhcnId come before them, free from
The bias OF having participated in It's
formation. z James Madison vas
greatly disappointed that his scheme
Of d council Of revision was not a.
cepted. He seemed TO be In no little
confusion about the subject, beeanse
he said he had observed that the leg
islatures In the several states seemed
TO wish to get all power In their
hands. Had Mr.. Madison. lived until
now, he would have noticed two In
stances, notably conhrmatory OF his
observations. I'd During reconstruc-
ton times, when Congress, under the
whip Of few able, but radical. lead
ers, passed the most notorious uneon-
stitutional measures, sneeringly, over
the presidents veto. and. by political
scheming. would not let their iniqui-
toHs measures come before the SUI
preme court. (2) The British par
lament especially the house OF com
mons has absorbed all the powers Of
both legislative and executive depart
ments. However, after the president
was given the power to veto law
of Congress, he seemed TO acqniesce
In the matter. He distinctly stated
that to- give the power to the highest
court to declare q law Of Congress-
null and void was q dangerous power,
and that Il was illogical and bad poll
teal science. Some years later. be
expressed the opinion that had the
convention accepted the council Of
revision, e would have prevented the
highest court the necessity Of declar;
ing e. law unconstitutional. 50 I'VE
see that this chief architect of the
constitution wished the power OF the
legislative body limited and yet, was
In doubt about the method Of its limi-
What Madison said.
In . comment on the proposed yir-
ginia cons tuition Of 1888, Madison
wrote: In the state constitutions.
and indeed Id the federal one also,
no provision IS made for the case Of
o disagreelpeht, ii ekpoqpding laws.
and Is the courts are generally the
last making the decision, It was lett
to them BY refusing OF not refusing
to execute law. to STAMP. ii with Its
final character. This makes the 5u4
dicial depar tnellt paramount 81 fact
to lie legislature. which was never
intendeq ana Gan never ne; proper.
I give these eitaslons 81 manson ~
extenSo, because he was resaraeqs ~
ms cQntenp9Ia as me inner q
the cohstitup sSfeQFee MAspns q
virginia, very earnestiy favored 1850.
ciatiils stne lpaees via sthe e4eel!lRs
IN resls,Ae tne Avs. GpA4Iel1neAr hct'
ris ot sllle e t1aS some
cneck pn .na !9l N q y. neces-
sary, aug .nfI ne ponc!ifFea ~ lnink-
ing the pnpilc hpsfty e Greater gan-
~
ILoll az osnsI ss llli4ln Al
eIsoh g Ns% ssIsey taFols :. 49,
10TH % jug GU
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oplnl1n II s1f en- tL's y.
y IS - q q
she Vtss1 Sta z y slsss'
y, ~ sOi.ts .es,t - Z z
sannss W,.sons 81 ~ y e. S. q. s.
SsMss n iis9A g rsllilsystanlA w..
~ genera consent, 9ns q She acu1-
est ines me coll ss,.llao =, no ,ons
q me Desp e 81 y ens gnlssA
ass. als lesoIeo JOIN .l4uis9l 2
We" OF assoels.llls 2 eohys'liieAt l .,u
pbr lhe !uu.clary ~ z cVuilctl. y
.eY,sioh, all Alsg lhe porel ul,.sl ~
nlsnest e .s y asclsre 40 P1s
Ilant 20 the cons Il ~ NO Jaw. as
eAact lans uase -. Laws may De un-
Just mag De. unWlse. may 0e oangel.
Gus, may De uestIuctlye, anu yet l,s.
pe SO unconstilu.lonal as % Justly
the JUDGES "a reiusins 10 slVe,AtneM
erect Let them nave 2 snare IN the
revislonary power ana tney VIII nave
an opportunity OF taxing nouce OF
these characters OF the law, ana OF
counteracting Dy the weight OF their
opinions. the improper views OF the
legislature. In after years, as 2 lee
tnrer on law IN the University OF
pennsylvania, for both students and
public in assembly, he declared that
the courts of last resort had the