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Updated: May 31, 2025
In speaking he referred to the constitutionality of the bill known as the civil tenure-of-office bill, I think, or the tenure of civil office bill; and it was the constitutionality of that bill which he seemed desirous of having tested, and which, he said, if it could be brought before the Supreme Court properly, would not stand half an hour. We also spoke of force. I first stated that if Mr.
The State Suffrage Association persuaded the National American Association to attack the constitutionality of this referendum in the courts and suit was accordingly brought. Eventually it was sustained by the Supreme Court of Ohio and was carried to the U. S. Supreme Court by George Hawk, a young lawyer of Cincinnati.
The business of the court will not allow me to give my reasons in detail, but you shall have my brief. There never was a case in which a party could be more justified in expressing their resentment, on account of the manner of passing the act; the manner of organizing the courts; the nature of the opposition to the repeal, denying its constitutionality, and menacing a civil war.
They returned to the Court of Appeals and tried one case on the constitutionality of the law of 1915, which gives the Board of Elections and Common Pleas Judges the right to examine the petitions and pass upon their validity, instead of the Secretary of State. The court decided to give no decision as election was so near at hand.
In case neither was done, he was to be fined double the amount paid at the time of making the contract or go to work at hard labor. The attorneys for Bailey, wishing to test the constitutionality of the Alabama law, carried the case to the Supreme Court of the United States.
Both the constitutionality and the expediency of the law creating this bank are well questioned by a large portion of our fellow-citizens, and it must be admitted by all that it has failed in the great end of establishing a uniform and sound currency.
In some states, courts are required to answer questions from the legislature as to the constitutionality of proposed laws. The best authorities hold that opinions given under such circumstances are merely advisory, since they lack opposing arguments made by counsel whom the spirit of professional advocacy arouses to industry in the search for precedent.
His elaborate report accompanying this second bill, shows that the subject had been most carefully examined in committee. The discussion was evidently exhaustive, going over the whole history, policy, and constitutionality of prohibitory legislation. Two or three sentences are quite sufficient to present the substance of the long and wordy report.
This invitation has been respectfully declined, for reasons which it would occupy too much space in this communication to state in detail, but which led me to think that the proposed measure would be of doubtful constitutionality, impolitic, and unavailing.
The inherent right in the people to reform their government I do not deny; and they have another right, and that is, to resist unconstitutional laws, without overturning the government. It is no doctrine of mine that unconstitutional laws bind the people. The great question is, Whose prerogative is it to decide on the constitutionality or unconstitutionality of the laws?
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