Excellent message for all legislators…

A passage from a Colorado Supreme Court case in 1913, People ex rel. Tate v. Prevost, 55 Colo. 199 (Colo. 1913), written by Chief Justice Musser:

The people have the sovereign right to amend their constitution if they so desire, and courts have no power to amend it for them. The briefs point out that dangers may arise from the unlimited proposal of amendments to the constitution, and seem to express a fear of the abuse, which the people may make of their power. We have no right to assume such a result, for such argument, if heeded, would sweep away our present form of government. It is said in section 1 of article II of our constitution, “That all political power is vested in and derived from the people; that all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.” We cannot be unmindful that this court must not usurp power, or abuse its right of construction, or lose sight of the dangers, which may arise, not only to the state, but also to the court itself from such usurpation and abuse. It is just as important for the preservation and just administration of the government of this state that the power of courts should be exerted only within the limits of the constitution, and be not abused, as it is that the power of the people, the general assembly or the executive department should be so exerted and not abused.

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By Ray Scott

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