Patriots who purge viewers talk the good talk - but don't walk the walk


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    Published on Jan 17, 2021
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    Patriots who purge viewers talk the good talk - but don't walk the walk
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    Show Notes:

    Taylor v. Porter & Ford, 4 Hill 140 (N.Y. Sup. Ct. 1843)

    Under our form of government the Legislature is not supreme. It is only one of the organs of that absolute sovereignty which resides in the whole body of the people. Like other departments of the government, it can only exercise such powers as have been delegated to it; and when it steps beyond that boundary, its acts, like those of the most humble magistrate in the State who transcends his jurisdiction, are utterly void.

    The people have added negative words, which should put the matter at rest. "No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers." Const., Art. 7, sec. 1. The words "by the law of the land," as here used, do not mean a statute passed for the purpose of working the wrong. That construction would render the restriction absolutely nugatory, and turn this part of the Constitution into mere nonsense. The people would be made to say to the two Houses: "You shall be vested with 'the legislative power of the State;' but no one 'shall be disfranchised, or deprived of any of the rights or privileges' of a citizen, unless you pass a statute for that purpose;" in other words: "You shall not do the wrong, unless you choose to do it." The section was taken with some modifications from a part of the 29th chapter of Magna Charta, which provided, that no freeman should be taken, or imprisoned, or be disseised of his freehold, etc., but by lawful judgment of his peers, or by the law of the land. Ld. Coke in his commentary upon this statute says, that these words, "by the law of the land," mean "by the due course and process of law;" which he afterwards explains to be, "by indictment or presentment of good and lawful men, where such deeds be done in due manner, or by writ original of the common law." 2 Inst., 45, 50.

    The meaning of the section, then, seems to be, that no member of the State shall be disfranchised, or deprived of any of his rights or privileges, unless the matter shall be adjudged against him upon trial had according to the course of the common law. It must be ascertained judicially that he has forfeited his privileges, or that some one else has a superior title to the property he possesses, before either of them can be taken from him. It cannot be done by mere legislation.


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