It is a subject which, in our opinion, ought not to be legislated upon...
Dumping dismay upon disappointment, last week's Queen's speech revealed that even the white paper's largely legal changes would not be legislated upon in the next session of parliament, breaching previous assurances.
If Congress have power to declare what property may and what may not be brought into one state from another state, then the action of a state by which certain articles, not unreasonably deemed injurious to health, were excluded from its markets, should stand until Congress legislated upon the subject.
The Senate Report on the Foraker bill could not possibly be clearer in saying, with reference to the 'not locally inapplicable' phrase, that the 'legislative assembly * * * shall have complete power, subject to the veto of the governor and the supervision of Congress, to legislate upon all rightful subjects of legislation.' (Emphasis supplied). S.Rep.
Rep. 865, that those inhibitions do not invest congress with any power to legislate upon subjects which are within the domain of state legislation.
We propose to legislate upon a given state of facts, perhaps, or under a given necessity.
And wherever this subject is alluded to in the Constitution --... it is in the declaration that Congress shall have no power whatever to legislate upon these matters.
Of similar character are the cases in which we have held that the laws of the several states upon the subjects of pilotage, quarantines, inspections, and other similar regulations were operative only so long as congress failed to legislate upon the subject.
There can, in the nature of things, be no vested right in an existing law which precludes its change or repeal, nor vested right in the omission to legislate upon a particular subject which exempts a contract from the effect of subsequent legislation upon its subject matter by competent legislative authority.' 63 Vt .169, 173, 13 L.R.A. 70, 3 Inters.
The right of a state to legislate upon the subject of the elective franchise as to it may seem good, subject to the conditions already stated, being, as we believe, unassailable, we think it plain that the statute in question violates no right protected by the Federal Constitution.
That a State can subject land within its limits belonging to non-resident owners to debts due to its own citizens as it can legislate upon all other local matters; that it can prescribe the mode and process by which it is to be reached, — seems to me very plain.
