Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
Despite the lessons of history showing the need of specified
limitations upon the legislative power to ensure personal liberty and
justice, it is still urged by the impatient that this check upon
legislative action should be removed, or at least that the legislature
should itself be the judge of the constitutionality of its acts, and
that the legislatures as the representatives of the people may be
trusted to observe constitutional requirements and limitations. From
the beginning, however, the people of this country have not fully
trusted their legislatures. They have not only set bounds to
legislative power, but within those bounds they have imposed in most
instances the check of an executive veto. They have also complained of
their legislatures far more loudly than they have of their courts, and
latterly have subjected them to the initiative and referendum and in
some instances to the recall.
Perhaps the judgment of those urging that the legislature should be
trusted not to trespass on the constitutional rights of the people may
be enlightened by recalling some instances of legislative action upon
constitutional questions left to its decision by the constitution
itself. It is hardly necessary to cite instances of the abuse of this
power in the matter of determining who are entitled to seats in the
legislature. It is common knowledge that, in the past at least, both
law and fact have often been over-ridden for partisan advantage. As an
illustration of how far a legislature will sometimes go in this
direction I may cite a recent instance in Maine. The constitution of
that state provides (Art. IV, Pt. 3, Sec. 11) that "no person holding
any office under the United States (post officers excepted) shall
have a seat in either house of the legislature during his continuing
in such office." This provision was in the original constitution of
1821, and until the legislative session of 1913 the exception of "post
officers" was understood to refer to officers in the postal service
and such officers often held seats in the legislature without
question. In 1913, however, the House of Representatives held for
awhile that the exception referred only to military officers of the
United States stationed at military posts within the state, though no
such officer had ever held a seat in the legislature.
Public-domain text, read in full here on John Shaqi.
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