Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
It is difficult to see how any of these guaranties, or such other
guaranties as may be contained in the federal and state constitutions,
prevent legislative or executive action necessary for the welfare of
the people generally. There is certainly an ample field for such
action without overstepping these boundaries. Nevertheless, it is
today urged by some impulsive persons, eager to impose their theories
on the people at once, that all or many of these limitations upon the
powers of government should be removed or disregarded and the majority
of the people allowed unrestricted sway in all matters of
governmental action. Others who do not go so far, yet urge that the
majority should be free to suspend these guaranties temporarily or in
some particular classes of cases. Against this opinion I submit that
after so many centuries of experience of the tendency of all
governments to enlarge their powers over the subject, and of struggles
to limit the powers of government over private rights and to protect
the individual from governmental oppression, the burden of evidence
and of argument is heavily on those who would now advocate unlimited
powers even for the most democratic government. A government directly
by the people is of course in practice a government by a shifting and
often narrow majority of the people. It is not yet demonstrated by
experience or reason that such a government, unlimited, would be as
regardful of individual rights or welfare as a republican form of
government with its checks and balances and constitutional
restrictions. The excesses of the unlimited democracies of ancient
Greece and of the unrestrained democracy of France during and after
the revolution of 1789 and the lynchings in this country do not
contribute to such demonstration.
It is not those who defend our present form of government with its
constitutional guaranties, who resist political action tending to
weaken them, that should be called unprogressive, undemocratic, or
wanting in love of country. Those of our ancestors, English and
American, who fought for these guaranties, who obtained them only
after years of strife, who incorporated them in our federal and state
constitutions and safeguarded them against the varying impulses of the
populace, were not unpatriotic nor unmindful of the welfare of the
people,--were not indifferent to human liberties or human rights.
Neither are they such who today strive to preserve those guaranties
won at such expense of blood and treasure. On the contrary, it is
those who would override these guaranties and revert to the old days
of unlimited governmental power, that are the reactionaries.
Public-domain text, read in full here on John Shaqi.
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