The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
Col. Mason observed that the defence of the Executive was not the sole
object of the Revisionary power. He expected even greater advantages
from it. Notwithstanding the precautions taken in the Constitution of
the Legislature, it would still so much resemble that of the individual
States, that it must be expected frequently to pass unjust and
pernicious laws. This restraining power was therefore essentially
necessary. It would have the effect not only of hindering the final
passage of such laws; but would discourage demagogues from attempting to
get them passed. It has been said (by M^r L. Martin) that if the Judges
were joined in this check on the laws, they would have a double
negative, since in their expository capacity of Judges they would have
one negative. He would reply that in this capacity they could impede in
one case only, the operation of laws. They could declare an
unconstitutional law void. But with regard to every law however unjust
oppressive or pernicious, which did not come plainly under this
description, they would be under the necessity as Judges to give it a
free course. He wished the further use to be made of the Judges, of
giving aid in preventing every improper law. Their aid will be the more
valuable as they are in the habit and practice of considering laws in
their true principles, and in all their consequences.
M^r Wilson. The separation of the departments does not require that they
should have separate objects but that they should act separately tho' on
the same objects. It is necessary that the two branches of the
Legislature should be separate and distinct, yet they are both to act
precisely on the same object.
M^r Gerry had rather give the Executive an absolute negative for its own
defence than thus to blend together the Judiciary & Executive
departments. It will bind them together in an offensive and defensive
alliance ag^{st} the Legislature, and render the latter unwilling to
enter into a contest with them.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account