Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
That legislatures are prone to disregard constitutional provisions is
also manifest in the vast amount of special legislation enacted
despite constitutional prohibitions of such legislation. There are
also numerous instances where legislatures while perfunctorily heeding
the letter of the constitution consciously violate its spirit and
evade its requirements. In many states there is a constitutional
provision that no legislative act shall become effective until after
a specified time has elapsed from its enactment "except in cases of
emergency," which emergency, however, is to be declared in the act
itself. This provision, of course, is to give the people time to
understand the statute and prepare to obey it. The word "emergency" in
the exception implies a sudden, unexpected happening. It is defined in
Webster as a "pressing necessity; an unforeseen occurrence or
combination of circumstances which calls for immediate action or
remedy." In Indiana in one legislative session, out of 200 acts, 155
were made to take effect at once by a recital that an emergency
existed therefor. In Illinois a two-thirds vote of all the members
elected to each house is required for the adoption of the emergency
clause. Among the acts of the last session containing the emergency
clause was one appropriating $600 for printing the report of a
monument association. In Tennessee the exception was of cases where
"the public welfare" required an earlier date. Out of 265 laws passed
at one session 230 contained the declaration that the public welfare
required their going into effect immediately. In Texas the
constitution provides that no bill shall be passed until it has been
read on three several days in each house and free discussion allowed
thereon, but that "in cases of imperative public necessity four-fifths
of the house may suspend the rule." Out of 118 laws passed at one
session all but five contained the statement that "imperative public
necessity" required suspension of the rule.
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