Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The general doctrine of the Osborn case has never been departed from,
and it has sustained innumerable suits which have protected property
rights from the enforcement of state statutes in conflict with the
Constitution of the United States. It is no exaggeration to say that
this doctrine, more than any other, has rendered the Constitution
an effective shield against oppressive, tyrannical and confiscatory
legislation, and compelled the states to obey the supreme law of the
Constitution. The reasoning of Chief Justice Marshall is very logical
and lucid, and it is most convincing. If, as was then conceded to be
indisputable, the privilege or immunity of the state as principal was
not communicated to the officer as agent, and if an action at law would
lie against the officer in which full compensation ought to be made
for a legal injury resulting from any unlawful act done in pursuance
of an unconstitutional and void statute, there existed no reason why
the preventive power of a court of equity should not equally apply to
such an officer or why it should not restrain him from the commission
of a wrong which it would punish him for committing. "If," continues
the Chief Justice, "the party before the court would be responsible for
the whole injury, why may he not be restrained from its commission, if
no other party can be brought before the court?" It was pointed out
that the very fact that the state could not be sued was a reason for
permitting the suit to proceed in its absence against the officer or
agent. We have here another example of how, in the evolution of legal
principles, the same causes produce the same results. As in England
the fact that the king could not be sued in the ordinary courts for a
wrong led to the rule that his immunity or irresponsibility was not to
be extended to his servants or agents and that the latter were to be
held personally liable for whatever they did under the king's orders
in violation of the legal rights of an individual, so with us the fact
that a state could not be sued in a federal court led to the rule that
its immunity or irresponsibility was not to be extended to its officers
and that they were suable as responsible principals, even when acting
under a state statute and as the agents or representatives of the state.
Public-domain text, read in full here on John Shaqi.
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