Oliver Wendell Holmes, Jr.

“ It would be strange if a government so remote should be held bound to wait for the action of Congress in a matter that might touch its life unless dealt with at once and on the spot. On the contrary, we are of opinion that it had the power as an incident of the self-determination, however limited, given to it by the United States.
By § 86 of the act of July 1, 1902, all laws passed by the Philippine government are to be reported to Congress, which reserves power to annul them. It is worthy of mention that the law under consideration was reported to Congress and has not been annulled. ”

“ So that the question is narrowed further to the inquiry whether the Philippine government cannot do what unquestionably Congress might.
As Congress is not prevented by the Constitution, the Philippine government cannot be prevented by the Philippine Bill of Rights alone. ”

“ The first doubt that naturally would occur is whether, if a right of action had vested previously, it could be taken away by such a statute. But it generally is recognized that in cases like the present, where the act originally purports to be done in the name and by the authority of the state, a defect in that authority may be cured by the subsequent adoption of the act. The person who has assumed to represent the will and person of the superior power is given the benefit of the representation if it turns out that his assumption was correct. ”