Legislative Prerogative Quotes
Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587917} & {587914}.
This was the case where the Supreme Court reversed its earlier opinion and declared the Income Tax Unconstitutional.
Some of the Founding Fathers did not conceive of the kind of judiciary where Federal courts could nullify an act of the Congress by declaring a law unconstitutional. Morris was one. Others did. The Constitution is not very explicit on this point, but the nation has settled with a process that would have surprised Morris and a few others.