JB/044/063/001

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1823. May 28
U.S.

Where a restriction of this sort is imposed, the whole
field of legislation is taken in hand, and a line of demarcation
drawn through it. On the one side of the line
is that part of the field in which, as the case may be as the legislature or as the case may be the ordinary legislature is
allowed to operate; on the other side that part in which
the ordinary legislature or as the case may
the legislature in question is allowed to operate, in the
other that part in which it is not allowed to operate.

Of the arrangement as thus stated, mark the consequences.

One consequence is – the putting standing taking the rule of action out of
the hands of the legislative authority; and locating it in
the hands of the judicial authority – in a word of the Judges.
To cause a matter to take this course, in in the power depends
upon every man person to whom it is agreable who chooses to give this employment to
a correspondentcertain portion of his money and his time. A law
suppose is made by the ordinary legislature – of the number
of persons in whom it calls for obedience there is one who
disobeys it: what is the consequence? to compel obedience
of impose or inflict punishment in the case may be, there
are no other means than what consists in calling in the
authority of the same judicatory to which the case belongs.
In this way by the single judge of a single judicatory to may
a rule of law be established, annulling in effect the declared
will of the Legislature. Over him his intention it is true sits the power of
the legislature. But the of any that body the interposition is
uncertain, and if it have place at all the procedure slow
and subject to interruption: and in the meantime the authority
of the Judge being the only authority that operates acts in an
immediate way upon the individuals concerned, scarcely are
there any limits to the mischief which may thus producible by the cause.
The construction is suppose an erroneous one. Still for more error the
judgment how flagrant
so ever, in such case scarcely have
can a Judge in such a
case have anything
to fear. Not a part
of corruption: but of
corruption viz the matter of corruption, infinite in variety are the shapes in which it is capable of being given and received, without the possibility of being proved:
infinite the number of occasions, indefinite on in each occasion the quantity in which it is capable of being given and received.

Identifier: | JB/044/063/001 "JB/" can not be assigned to a declared number type with value 44.
Date_1	1823-05-28	Marginal Summary Numbering	13-14
Box	044	Main Headings	constitutional code
Folio number	063	Info in main headings field	constitut. code us
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 or c6 / f50
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	13848
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