The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Georgia was the only one of the original States which set up no
Supreme Court at the beginning of its statehood. Her
Constitution established (Art. III, Sec. 1) a Superior Court, and
left it to the General Assembly to give it, if they thought best,
appellate jurisdiction. The judges were subsequently by statute
authorized to sit _in banc_ and hear appeals. In 1815,
while so sitting, they declared a certain statute of the State
unconstitutional and void. The legislature showed its resentment
by a set of resolutions, of which the parts material in this
connection read thus:
Whereas, John McPherson Berrien, Robert Walker, Young Gresham
and Stephen W. Harris, judges of the Superior Court, did, on
the 13th day of January, 1815, assemble themselves together in
the city of Augusta, pretending to be in legal convention, and
assuming to themselves ... the power to determine on the
constitutionality of laws passed by the general assembly, and
did declare certain acts of the legislature to be
unconstitutional and void; and ... the extraordinary power of
determining upon the constitutionality of acts of the state
legislature, if yielded by the general assembly whilst it is
not given by the constitution or laws of the state, would be an
abandonment of the dearest rights and liberties of the people,
which we, their representatives, are bound to guard and protect
inviolate;
Be it therefore resolved, That the members of this general
assembly view, with deep concern and regret, the aforesaid
conduct of the said judges ... and they can not refrain from an
expression of their entire disapprobation of the power assumed
by them of determining upon the constitutionality of laws
regularly passed by the general assembly, as prescribed by the
constitution of this state; we do, therefore, solemnly declare
and protest against the aforesaid assumption of powers, as
exercised by the said judges, and we do, with heartfelt
sensibility, deprecate the serious and distressing consequences
which followed such decision; yet we forbear to look with
severity on the past, in consequence of judicial precedents,
calculated in some measure to extenuate the conduct of the
judges, and hope that for the future this explicit expression
of public opinion will be obeyed.
Public-domain text, read in full here on John Shaqi.
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