JB/037/358/001

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1824 Aug. 27
Constitutional CodeCh. VI. Legislative Authority

Rationale

Question

(a) [Null and void] Why in no case admitt that any act
ordinance really from the Legislature can be null
and void?

Answers

Reasons 1. By so doing, the judiciary authority would in
effect be put over the Legislature. Two Judges, the any Judge of an
Immediate Judicatory, in conjunction with the judge of the Appellate
Judicatory, both of them located by the Justice Minister,
neither of them by the Constitutive authority, would
thus be set over its immediate locatees.

2. Nor yet is the case of an abuse of power on the part
of the Legislature left altogether without remedy. One remedy
is – the shortness of the duration allowed to it at to the power of each
of its several members in the aggregate a year or two years at the utmost.

3. Another remedy is the afforded by consists in the speedier dislocation
of any or all of those who have commenced been seen
concurring in the obnoxious measure: dislocation namely by
those by whom he had been located. , it is true,
is this remedy, it is true. But where it ever so objectionable
inadequate, it ought should not be rejected, it for it is the only
one the nature of the case admitts of: and if the facility
of it were to a certain degree great, the remedy might be
even worse than the disease. Little does it seem in danger
of being inoperative: for from of the very first commencement
of its preparation, a natural result would be no inconsiderable uneasiness on the part
of the Member who were the object of it.

Supposing no instance of its application being applied ever to have
place, no proof of its inutility inefficiency would be the result. Under
the Constitution of the Anglo-American United States,
the President is made dislocable, namely by

Since the establishment of the Constitution never has any such
dislocation had place: never has any act preparatory to it been exercised.
Yet scarcely in the eyes
of every person well attached
to that Constitution, will
the arrangement have been
a nugatory one. Where
soever responsibility is
established by law, it is
a rod which being continually
held up to view
has it use, without
of being though never actually applied.

Identifier: | JB/037/358/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1824-08-27	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	358	Info in main headings field	constitutional code
Image	001	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	11573
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