Nougues v. Douglass

Citations

• 7 Cal. 65

Syllabus

<p>The act of April 18, 1856, providing for the erection of a State capítol, at a cost not to exceed $300,000, is unconstitutional and void.</p> <p>The eighth article of the Constitution of this State is an express restriction upon the powers of the Legislature, and there is no power in the judiciary to set it aside, whatever inconvenience may result from a legitimate application of the provision.</p> <p>So far from the necessary and ordinary expenses of the State forming an exception to the restriction, they were evidently among those especially included in it.</p> <p>The power of taxation was given to the Legislature without limit, for all purposes allowed by the Constitution.</p> <p>As to the point raised, that conceding the construction of the Court to be correct, the provision is only advisory, and addressed to the legislative conscience, and not to the judiciary: It seems, that an express restriction upon the powers of the Legislature cannot bo said to be merely advisory.</p> <p>Some of the restrictions upon the powers of the Legislature, are addressed solely to that body, and of which it is the exclusive judge, as the provisions relating to the qualifications, election, and return of its own members.</p> <p>The true rule seems to be this: that when the right to determine the extent and effect of the restriction is either expressly, or by necessary implication, confided to the Legislature, then the judiciary has no right to interfere with the legislative construction.</p> <p>But in all other cases of restriction, it is the right and duty of the Supreme Court to decide the effect and extent of the restriction in the last resort, and the question, whether that right is vested in the Legislature or in the judiciary, must be equally decided by the Supreme Court. a</p> <p>The Constitution is itself a law, and must be construed by some one. The judiciary, from the very nature of its powers, and the means given it by the Constitution, must possess the right to constr