Description

An interesting account of the conflict which arose following the dismissal of a case due to the Judges’ believe that the law being applied was unconstitutional. The case in question concerned the refusal of a trader to except paper money, something which had been outlawed by the State Legislature in order to support their issue of paper currency. The Judges were as a result called by both Houses of Assembly “to render their reasons for adjudging an act of the General Assembly unconstitutional, and so void.”

Varnum questions the right of both the Judges and the State government reminding the reader that the “powers of legislation, in every possible instance, are derived from the people at large…”, going on to ask whether “the citizens of this State ever entrusted their legislators with the power of altering their constitution?” An interesting argument from every standpoint, and one followed by details of the foregoing and ensuing legislation. Sabin, 98638.