Plessy v. Ferguson · ¶41

The answer given at the argument to these questions' was that regulations of.the kind they suggest would be unreasonable, and could not, therefore, stand before the law. Is it meant that the determination of questions of legislative power depends upon the inquiry whether the statute whose validity is questioned is, in the judgment of the courts, a reasonable one, taking all the circumstances into consideration? A statute may be unreasonable merely because a sound public policy forbade its enactment. But I do not understand that the courts have anything to do with the policy or expediency of legislation. A statute may be valid, and yet, upon grounds of public policy, may well be characterized as unreasonable. Mr. Sedgwick correctly states the rule when he says that the legislative intention being clearly ascertained, “ the courts have no other duty to perform than to execute the…

U. S. Reports, bound volume
U. S. Reports, volume 163, at 537 (Library of Congress) · transcription: Caselaw Access Project
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