This is so anomalous to our whole constitution,
that I will venture to say, the most trivial right, which the
subject claims, never was, nor can be, forfeited in such a manner.
The whole of their usurpation is established upon this method of
arguing. We do not make laws. No; we do not contend for this
power. We only declare law; and, as we are a tribunal both
competent and supreme, what we declare to be law becomes law,
although it should not have been so before. Thus the circumstance
of having no appeal from their jurisdiction is made to imply that
they have no rule in the exercise of it: the judgment does not
derive its validity from its conformity to the law; but
preposterously the law is made to attend on the judgment; and the
rule of the judgment is no other than the OCCASIONAL WILL OF THE
HOUSE. An arbitrary discretion leads, legality follows; which is
just the very nature and description of a legislative act.
This claim in their hands was no barren theory. It was pursued into
its utmost consequences; and a dangerous principle has begot a
correspondent practice. A systematic spirit has been shown upon
both sides.
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