The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
All that can be determined from the debates and reports is that
various members had various views, and we are left to determine
the meaning of this act, as we determine the meaning of other
acts, from the language used therein. There is, too, a general
acquiescence in the doctrine that debates in Congress are not
appropriate sources of information from which to discover the
meaning of the language of a statute passed by that body.[268]
The reason, [continues the court], is that it is impossible to
determine with certainty what construction was put upon an act by
the members of a legislative body that passed it by resorting to
the speeches of individual members thereof. Those who did not speak
may not have agreed with those who did, and those who spoke might
differ from each other, the result being that the only proper way
to construe a legislative act is from the language used in the act,
and, upon occasion, by a resort to the history of the times when it
passed.
110. In 1828 the Supreme Court sustained as a constitutional exercise
of the war power the right of the United States to acquire territory
by conquest or treaty.[269] The issue in the case was “the relation in
which Florida (at the time a Territory) stands to the United States.”
It was an issue in law, not in politics. Whether A or B is the lawful
governor of a State is an issue, when legally drawn, for the State
courts; but whether a community calling itself a State, is a member of
the Union, or should be admitted into it, under the Fourth Article of
the Constitution is a political question and is for Congress to decide.
It rests with Congress to decide what government is the established
one in a State. For as the United States guarantees to each
State a republican form of government, Congress must necessarily
decide what government is established in the State before it can
determine whether it is republican or not. And when the senators
and representatives of a State are admitted into the councils of
the Union, the authority of the government under which they are
appointed, as well as its republican character, is recognized by
the proper constitutional authority. And its decision is binding
on every other department of the government, and could not be
questioned in a judicial tribunal.[270]
The right to decide such a political question is in Congress and not in
the courts.[271]
111. The final authority of American courts of law to construe
statutes and constitutions is distinctive. The court pronounces a law
unconstitutional and thus expounds the constitution. “This results,”
says Cooley, “from the nature of its jurisdiction.” Chief Justice
Marshall, in 1803, first applied this principle in a Federal court:
The Government of the United States has been emphatically termed a
government of laws and not of men.
The Constitution is the supreme law of the land.
Public-domain text, read in full here on John Shaqi.
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