Monopolies -- United States; Railroads and state -- United States
their instructions, as contained in that instrument, their acts are
void. This will be conceded. Even members of railroad companies will not
controvert this proposition. The real point is, Who is to decide when an
act is in conflict with the constitution? The answer is, the courts, for
such is the law. When complaint is made of usurpations of corporations,
we are told that they are only exercising the privileges conferred upon
them by law; that the courts have decided in their favor, and that from
these decisions there is no appeal; nor can any redress be obtained,
because the question has been settled in their favor by the highest
power in the land--the supreme court of the United States.
To this general rule of determining controverted questions there must be
some exceptions, unless we concede that supreme power is vested in the
courts, and that the constitution clothes them with all the attributes
of despotic governments. We have shown that judges of courts are
governed and controlled by the same influences which influence other
men; that they are not infallible; that their decisions are influenced
by surrounding circumstances; that education, association, and habits of
life, have an important bearing upon their minds, and not unfrequently
warp their judgments, and it is not treason to say that decisions of
state and federal courts prove that they are as liable to change their
views as are the majority of the people. The supreme power must have a
permanent lodgment somewhere. If it remains with the people, it does not
vest in the supreme court, and that court is but the agent of the
people, and acts for them when it decides upon the validity of a
statute, or defines the rights and duties of the people. Under our form
of government, certain rights and powers are conferred upon the general
government; these are all such as are necessary for our existence as a
nation; they are limited, and should be strictly construed, because all
powers and rights not expressly conferred upon the general government,
"are reserved to the states or to the people." The states being
sovereign, their power is superior to that of the general government,
save in those matters surrendered to it. Hence, the state governments
have a general, expressed, and implied jurisdiction in all matters not
surrendered, and state constitutions are to be liberally construed.
Public-domain text, read in full here on John Shaqi.
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