Tuesday, May 22, 2018

Quote of the day...

The courts are not bound by mere forms, 

nor are they to be misled by mere pretenses. 

They are at liberty — 

indeed, are under a solemn duty — 

to look at the substance of things, 

whenever they enter upon the inquiry 

whether the legislature has transcended 

the limits of its authority. 

If therefore, a statute 

purporting to have been enacted 

to protect the public health, 

the public morals, or the public safety, 

has no real or substantial relation 

to those objects, or 

is a palpable invasion of rights secured by 

the fundamental law, 

it is the duty of the courts to so adjudge, and 

thereby give effect to the Constitution.

-- Mugler v. Kansas
Source: Mugler v. Kansas, 123 U.S. 623, 661.