Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
Constitution, before its final adoption, give evidence that these
natural apprehensions were strongly felt; but they are now entirely
quieted, since, during the two generations and more which have
subsequently elapsed, nothing has occurred to verify them, though
there have at times been disputes of considerable acrimony, and which
became the badges of parties, respecting the limits of the authority
of the federal and state governments. The eminently beneficial working
of so singular a provision is probably, as M. de Tocqueville remarks,
in a great measure attributable to the peculiarity inherent in a court
of justice acting as such--namely, that it does not declare the law
_eo nomine_ and in the abstract, but waits until a case between man
and man is brought before it judicially, involving the point in
dispute; from which arises the happy effect that its declarations are
not made in a very early stage of the controversy; that much popular
discussion usually precedes them; that the Court decides after hearing
the point fully argued on both sides by lawyers of reputation; decides
only as much of the question at a time as is required by the case
before it, and its decision, instead of being volunteered for
political purposes, is drawn from it by the duty which it can not
refuse to fulfil, of dispensing justice impartially between adverse
litigants. Even these grounds of confidence would not have sufficed to
produce the respectful submission with which all authorities have
yielded to the decisions of the Supreme Court on the interpretation of
the Constitution, were it not that complete reliance has been felt,
not only on the intellectual pre-eminence of the judges composing that
exalted tribunal, but on their entire superiority over either private
or sectional partialities. This reliance has been in the main
justified; but there is nothing which more vitally imports the
American people than to guard with the most watchful solicitude
against every thing which has the remotest tendency to produce
deterioration in the quality of this great national institution. The
confidence on which depends the stability of federal institutions has
been for the first time impaired by the judgment declaring slavery to
be of common right, and consequently lawful in the Territories while
not yet constituted as states, even against the will of a majority of
their inhabitants. The main pillar of the American Constitution is
scarcely strong enough to bear many more such shocks.
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