West Virginia State Board of Education v. Barnette · ¶56

The framers of the federal Constitution might have chosen to assign an active share in the process of legislation to this Court. They had before them the well-known example of New York’s Council of Revision, which had been functioning since 1777. After stating that “laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed,” the state constitution made the judges of New York part of the legislative process by providing that “all bills which have passed the senate and assembly shall, before they become laws,” be presented to a Council of which the judges constituted a majority, “for their revisal and consideration.” Art. Ill, New York Constitution of 1777. Judges exercised this legislative function in New York for nearly fifty years. See Art. I, § 12, New York Constitution of 1821. But the framers of the Constitution denied…

U. S. Reports, bound volume
U. S. Reports, volume 319, at 624 (Library of Congress) · transcription: Caselaw Access Project
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