The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
"The principle asserted is that one legislature is competent to repeal
any act which a former legislature was competent to pass; and that one
legislature can not abridge the powers of a succeeding legislature. The
correctness of this principle, so far as respects general legislation,
can never be controverted. But if an act be done under a law, a
succeeding legislature can not undo it....
"When then a law is in the nature of a contract, when absolute rights
have vested under that contract, a repeal of the law can not devest
those rights; ...
"It may well be doubted whether the nature of society and of government
does not prescribe some limits to the legislative power; ...
"It is, then, the unanimous opinion of the court, that, in this case,
the estate having passed into the hands of a purchaser for a valuable
consideration, without notice, the state of Georgia was restrained,
either by general principles, which are common to our free institutions,
or by the particular provisions of the Constitution of the United
States, from passing a law whereby the estate of the plaintiff in the
premises so purchased could be constitutionally and legally impaired and
rendered null and void."
It is evident from this opinion that the court would have been disposed
at that time to declare state laws impairing property rights null and
void, even if there had been nothing in the Constitution of the United
States to justify the exercise of such a power. Justice Johnson, in a
separate opinion, said:
"I do not hesitate to declare that a state does not possess the power of
revoking its own grants. But I do it on a general principle, on the
reason and nature of things: a principle which will impose laws even on
the Deity....
"I have thrown out these ideas that I may have it distinctly understood
that my opinion on this point is not founded on the provision in the
Constitution of the United States, relative to laws impairing the
obligation of contracts."
It was contended in this case that the state of Georgia had the right to
revoke the grant on the ground that it was secured by corrupt means.
This argument evidently failed to appeal to the court. It was referred
to by Justice Johnson who said "as to the idea that the grants of a
legislature may be void because the legislature are corrupt, it appears
to me to be subject to insuperable difficulties.... The acts of the
supreme power of a country must be considered pure...."
Public-domain text, read in full here on John Shaqi.
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