Thursday, January 5, 2017

Calhoun on Precedent

I place myself one higher grounds—I stand on the immovable principle that, on a question of law and Constitution, in a deliberative assembly, there is no room—no place for precedents.  To admit them would be to make the violation of to-day the law and Constitution of to-morrow ;  and to substitute in the place of the written and sacred will of the people and the legislature, the infraction of those charged with the execution of the laws.  Such, in my opinion, is the relative force of law and constitution on one side, as compared with precedents on the other. 

In the Senate, January 13, 1834 

No comments: