4488. LAW, Construing.—[further continued].
There is another opinion
entertained by some men of such judgment
and information as to lessen my confidence in
my own. That is, that the Legislature alone
is the exclusive expounder of the sense of the
Constitution, in every part of it whatever.
And they allege in its support, that this
branch has authority to impeach and punish
a member of either of the others acting contrary
to its declaration of the sense of the
Constitution. It may, indeed, be answered
that an act may still be valid although the
party is punished for it, right or wrong.
However, this opinion which ascribes exclusive
exposition to the Legislature, merits respect
for its safety, there being in the body
of the nation a control over them, which, if
expressed by rejection on the subsequent exercise
of their elective franchise, enlists public
opinion against their exposition, and encourages
a judge or executive on a future occasion
to adhere to their former opinion. Between
these two doctrines, every one has a
right to choose, and I know of no third meriting
any respect.—
To W. H. Torrance. Washington ed. vi, 462.
Ford ed., ix, 518.
(M.
1815)
