Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
It may be admitted that some of these limitations if enforced do now
and then impede and even prevent some governmental action desired by
some group or section of the people, but while action in violation of
these limitations might benefit its sponsors it would necessarily be
at the expense of others. Those who seek such legislation against
others would quickly appeal to these limitations if legislation were
directed against themselves. The noisiest declaimers against these
guaranties fall back for protection upon the constitutional guaranty
of freedom of speech. So long as these barriers are maintained every
individual, no matter how poor and feeble, will be, theoretically at
least, secure in some rights against the attacks of the many. Without
such barriers every individual is at the mercy of an inconstant
majority. Without such barriers justice cannot be said to be secured.
Lord Treasurer Burleigh of Queen Elizabeth's time declared that
England could never be ruined by its kings, but only by its
Parliament. If the safeguards of the federal and state constitutions
are maintained, neither Congress nor the state legislatures can ruin
America. If the American people should ever consent to the removal of
these safeguards they would give evidence of their want of
self-restraint, of their unwillingness and even incapacity to govern
themselves, and would pave the way for the man on horseback as the
French Revolution paved the way for Napoleon. To deprive a single one
of his rightful liberty is to endanger the liberties of all.
CHAPTER VII
THE INTERPRETATION AND ENFORCEMENT OF CONSTITUTIONAL LIMITATIONS
NECESSARILY A FUNCTION OF THE JUDICIARY
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