Page:The Records of the Federal Convention of 1787 Volume 2.djvu/82

 78 RECORDS OF THE FEDERAL CONVENTION Saturday MADISON Jly 2x Col Mason Observed that the defence of the Executive was not the sole object of the Revisionary power. He expected even greater advantages from it. Notwithstanding the pre- cautions taken in the Constitution of the Legislature, it would so much resemble that of the individual States, that it must be expected frequently to pass unjust and pernicious laws. This restraining power was therefore essentially necessary. It would have the effect not only of hindering the final passage of such laws; but would discourage demagogues from attempt- ing to get them passed. It had been said (by Mr. L. Martin) that if the Judges were joined in this check on the laws, they would have a double negative, since in their expositor 7 capac- ity of Judges they would have one negative. .I-Ie would reply that in this capacity they could impede in one case only, the operation of laws. They could declare an unconstitu- tional law void. But with regard to every law however unjust oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as Judges to give it a free course. He wished the further use to be made of the Judges, of giving aid in preventing every improper law. Their aid will be the more valuable as they are in the habit and practice of considering laws in their true principles, and in all their consequences. Mr. Wilson. The separation of the departments does not require that they should have separate objects but that they should act separately tho' on the same objects. It is neces- sary that the two branches of the Legislature should be separate and distinct, yet they are both to act precisely on the same object Mr. Gerry had rather give the Executive an absolute nega- tive for its own defence than thus to blend together the Judi- ciary & Executive departments. It will bind them together in an offensive and defensive alliance agst. the Legislature, and render the latter unwilling to enter into a contest with them. Mr. Govr. Morris was surprised that any defensive pro- vision for securing the effectual separation of the departments should be considered as an improper mixture of them. Sup-

�