Bill of exceptions

“ But the more material consideration is, that the bill of exceptions itself appears on the record not to have been taken at all, until after judgment. It is a settled principle, that no bill of exceptions is valid, which is not for matter excepted to at the trial. ”

“ Indeed, the single function of a bill of exceptions is to bring upon the record so much of the proceedings as will disclose the precise question which the party desires to have ruled upon, and when prepared by counsel and presented to the court, if it states the facts truly, the judge ought to sign it ”

“ Art. 488. The party excepting to the opinion of the court must draw a bill of exceptions, in which the question of fact or of law, on which such opinion has been demanded, may be concisely set forth, as well as the grounds of the exception so taken. ”

“ But, if the supreme court shall be of the opinion that the exception is frivolous and not made in good faith, it may impose double or treble additional costs upon the excepting party, and may order them to be paid by the counsel presecuting the bill of exceptions, if, in its opinion, justice so requires.' § 497, subdiv. ”

“ If such judge or judicial officer, before the bill of exceptions is settled, dies, is removed from office, becomes disqualified, is absent from said island, or refuses to settle the bill of exceptions, or if no mode is provided by law for the settlement of the same, it shall be settled and certified in such manner as the Supreme Court may by its orders or rules direct. ”

“ If the exceptions are stricken out, there is nothing to be assessed and collected except what congress has otherwise affirmatively ore red. Nothing less can have the force of law. This court is impotent to pass any law on the subject. It has no legislative power. I am unable, therefore, to see how we can, by declaring an exemption or exception invalid, thereby give effect to provisions as though they were never exempted. ”

“ Wherever the situation of a party was such as, in the opinion of the legislature, to furnish a motive for excepting him from the operation of the law, the legislature has made the exception. It would be going far for this court to add to those exceptions. ”

“ To pass such an Act, repealing the law retrospectively in favour of all law-breakers, is really to tell the people "you are under no obligation to obey the laws." But the matter does not stop there. Every clause of the Bill is more and more monstrous as we go forward. ”

“ Congress need merely omit its ground of condemnation and legislate the penalty! But the prohibition against a 'Bill of Attainder' is only one of the safeguards of liberty in the arsenal of the Constitution. There are other provisions in the Constitution, specific and comprehensive, effectively designed to assure the liberties of our citizens. The restrictive function of this clause against bills of attainder was to take from the legislature a judicial function which the legislature once possessed. ”

“ But, sir, there is another answer, in my judgment, more conclusive, to all these objections to this second section, which is the vital part of the bill. Without it, it would scarcely be worth the paper on which the bill is written. A law without a penalty, without a sanction, is of little value to any body. What good does it do for the Legislature to say, 'Do this, and forbear to do that,' if no consequence is to follow the act of disobedience? ”

“ The complainants insist that the assessments set forth in their bill are prohibited by that clause of the Fourteenth Amendment of the Federal Constitution which provides that 'no State shall deprive any person on life, liberty, or property, without due process of law.'State laws and constitutions are construed by the Federal courts according to their own judgment in all cases where it is necessary to determine whether a right secured by the Federal Constitution has been violated. ”

“ The Constitution of the United States does not use the term 'statute,' but it does employ the term 'law,' often regarded as an equivalent, to describe an exertion of legislative power. Thus it is declared that a bill presented in either house of Congress, if receiving prescribed favorable consideration, shall 'become a law,' article 1, § 7; that Congress may 'make all laws' necessary and proper for carrying into execution various enumerated powers, article 1, § 8, cl. ”

“ If any thing which is thought incongruous is incorporated in a bill in that legislature, it is sent to the judiciary, and if the judiciary thinks the subjects are incongruous, the law cannot be constitutional, because, in the opinion of the judges, it was in violation of the constitution, which declared that the legislature should pass only congruous bills. ”

“ The force of the argument arising from finding an enactment in a statute directed mainly to a particular subject is much diminished by our experience of the manner in which incongruous legislation is combined in the same bill as passed by the two Houses of Congress. ”

“ If they contravene the restraints which that instrument places on the legislative power of a state, they are invalid, no matter what their form or by what agency put forth; for, as this court has said, the protection which these restraints afford applies, 'whatever the form in which the legislative power * * * is exerted; that is, whether it be by a Constitution, an act of the Legislature, or an act of any subordinate instrumentality of the state exercising delegated legislative authority, like an ordinance of a municipality or an order of a commission.' Standard Scale Co. ”

“ When it appears that an Act of Congress conflicts with one of these provisions, we have no choice but to enforce the paramount commands of the Constitution. We are sworn to do no less. We cannot push back the limits of the Constitution merely to accommodate challenged legislation. We must apply those limits as the Constitution prescribes them, bearing in mind both the broad scope of legislative discretion and the ultimate responsibility of constitutional adjudication. ”

“ The language is just as strong as that of the twenty-fourth section of art. 4, which declares that 'no bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assembly.' This clause has always been construed to mean that no law can be passed unless a majority of the members vote for it, whether all are present or not. ”

“ I say, in the nature of things, the dependence of the judges upon the legislature, and their right to declare the acts of the legislature void, are repugnant, and cannot exist together. The doctrine, sir, supposes two rights—first, the right of the legislature to destroy the office of the judge, and the right of the judge to vacate the act of the legislature. You have a right to abolish by a law the offices of the judges of the circuit courts; they have a right to declare the law void. ”

“ The efficacy of this bill seems, indeed, to be allowed by some of the lords who oppose it, since their chief objection has arisen from their doubts whether it can be executed. If a law be useless in itself, it is of no importance whether it is executed or not ”

“ Gerry, from Massachusetts, doubting whether the judiciary ought to have any thing to do with it, moved to postpone the clause, and introduced the following amendment:—
"That the national executive shall have a right to negative any legislative act which shall not afterwards be passed by ——— parts of each branch of the national legislature." ”

“ When the prohibition of state action is not specific but inferable from the scope and purpose of the federal legislation, it must be clear that the federal provisions are inconsistent with those of the state to justify the thwarting of state regulation. ”

“ It is unnecessary, in the view we have taken of the power of the court over amendments at the hearing, to discuss the question, whether the amended bill is materially different from the original bill. It is enough to know, if different, that the subject-matter of both bills is the same, and that the contract, consideration, promise, and acts of part performance, stated in the amended bill, are stated with sufficient precision, and, if supported by proof, entitle the complainants to the relief which they seek at the hands of a court of equity. ”

“ And it is just as essential a part of the constitutional provisions, guarding against ill-considered and unwise legislation, that the President, on his part, should have the full time allowed him for determining whether he should approve or disapprove a bill, and if disapproved, for adequately formulating the objections that should be considered by Congress, as it is that Congress, on its part, should have an opportunity to re-pass the bill over his objections. ”

“ Under the privilege of amending, a party is not to be permitted to make a new bill. Amendments can only be allowed when the bill is found defective in proper parties, in its prayer for relief, or in the omission or mistake of some fact or circumstance connected with the substance of the case, but not forming the substance itself, or for putting in issue new matter to meet allegations in the answer. ”

“ That the commons, in sending back a bill that has been rejected in this house, with only a change in the title, act contrary to the end of senatorial consultations, though consistently with their external forms, cannot be denied: but as each house is without any dependence on the other, such deviations from the principles of our constitution, however injurious to our authority, or however detrimental to the nation, cannot be punished, nor otherwise prevented, than by caution and prudence. ”

“ The mechanism of referring to state law is simply one designed to implement that congressional intent and build into the federal statute a self-executing provision to accommodate to changes in state regulation. ”

“ When a situation is covered by one of the Federal Rules, the question facing the court is a far cry from the typical, relatively unguided Erie Choice: the court has been instructed to apply the Federal Rule, and can refuse to do so only if the Advisory Committee, this Court, and Congress erred in their prima facie judgment that the Rule in question transgresses neither the terms of the Enabling Act nor constitutional restrictions. ”

“ The omission of the nonsigner provision from the federal law is fatal to respondents' position unless we are to perform a distinct legislative function by reading into the Act a provision that was meticulously omitted from it. ”

“ Rep. 125. In the first place it is said that the statute was not approved by the governor, and does not appear to have reached him more than three days before the adjournment of the legislature, so as to have become a law by Rev. Stat. § 1842. Also it is said that the bill was not signed by the president of the council or the speaker of the house of representatives, as required by the respective rules of those bodies. ”

“ The rule is universal that a legislative enactment, Federal or State, is never to be disregarded or held invalid unless it be, beyond question, plainly and palpably in excess of legislative power. If there be doubt as to the validity of the statute, that doubt must therefore be resolved in favor of its validity, and the courts must keep their hands off, leaving the Legislature to meet the responsibility for unwise legislation. ”

“ In my judgment the bill should have been dismissed, because the State is exempt from suit at the instance of private persons, and on the face of the bill it is apparent that the State is arraigned as a defendant. ”

“ If the Constitution had intended to limit the jurisdiction, as is done by the twenty-fifth section, the appropriate language for this purpose has not been used. The power is not extended merely to 'questions,' but to 'cases.'
The limitation of the twenty-fifth section being virtually repealed by its omission in the act of 1867, denotes clearly the intention of Congress that when a Federal question exists, the full constitutional power should be exercised, and that the court should decide the 'case,' and this necessarily includes all questions presented by it. ”

“ There should be the power of determining the constitutionality of any act of a State legislature, and thus enforce upon State legislatures the restrictions laid upon them, such as, for example, the inability to lay impost duties, to pass laws violating the obligation of contracts, etc., or to regulate objects given exclusively to Congress. ”

“ The Act of Congress has its own criteria, irrespective of local law, that look to certain rather severe tests of liability and exemption and that do not allow the deductions demanded whatever the lessees may be called. ”

“ It also is contended that an interpretation must prevail as matter of principle which will give the exemption a general and uniform operation in all states irrespective of local law. It is, of course, true that uniform operation of a federal law is a desirable end, and other things being equal, we often have interpreted statutes to achieve it. ”