Page:The Records of the Federal Convention of 1787 Volume 2.djvu/77

 RECORDS OF THE FEDERAL CONVENTION 7 Saturday MADISON July zz MADISON Saturday July 2I in Convention Mr. Williamson moved that the Electors of the Executive' should be paid out of the National Treasury for the Service to be performed by them". Justice required this: as it was a national service they were to render. The motion was agreed to nero.--con. Mr. Wilson moved as an amendment to Resoln: Is. that the (supreme} Natl Judiciary should be associated with the Execu- tive in the Revisionary power". This proposition had been before made, and failed; but he was so confirmed by reflection in the opinion of its utility, that he thought it incumbent on him to make another effort: The Judiciary ought to have an oppor- tunity of remonstrating agst projected encroachments on the people as well as on themselves. It had been said that the Judges, as expositors of the Laws would have an opportunity of defending their constitutional rights. There was weight in this observation; but this power of the Judges did not go far enough. Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitu- tional as to justify the Judges in refusing to give them effect. Let them have a share in the Revisionary power, and they will have an opportunity of taking notice of these characters of a law, and of counteracting, by the weight of their opinions the improper views of the Legislature.- Mr (Madison) 2ded. the motion Mr Ghorum did not see the advantage of employing the Judges in this wa 7. As Judges they are not to be presumed to possess any peculiar knowledge of the mere policy of pub- lic measures. Nor can it be necessary as a security for their constitutional rights. The Judges in England have no such additional provision for their defence, yet their jurisdiction is not invaded. He thought it would be best to let the Execu- tive alone be responsible, and at most to authorize him to call on Judges for their opinions, Mr, .E!scworth approved heartily of the motion. The aid o

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