Experiments in Government and the Essentials of the ConstitutionRoot, Elihu
History
Experiments in Government and the Essentials of the Constitution
Root, Elihu
United States -- Politics and government
Every one of these provisions has a history. Every one stops a way
through which the overwhelming power of government has oppressed the
weak individual citizen, and may do so again if the way be opened. Such
provisions as these are not mere commands. They withhold power. The instant
any officer, of whatever kind or grade, transgresses them he ceases to act
as an officer. The power of sovereignty no longer supports him. The majesty
of the law no longer gives him authority. The shield of the law no longer
protects him. He becomes a trespasser, a despoiler, a law breaker, and
all the machinery of the law may be set in motion for his restraint or
punishment. It is true that the people who have made these rules may repeal
them. As restraints upon the people themselves they are but self-denying
ordinances which the people may revoke, but the supreme test of
capacity for popular self-government is the possession of that power of
self-restraint through which a people can subject its own conduct to the
control of declared principles of action.
These rules of constitutional limitation differ from ordinary statutes in
this, that these rules are made impersonally, abstractly, dispassionately,
impartially, as the people's expression of what they believe to be right
and necessary for the preservation of their idea of liberty and justice.
The process of amendment is so guarded by the constitution itself as
to require the lapse of time and opportunity for deliberation and
consideration and the passing away of disturbing influences which may be
caused by special exigencies or excitements, before any change can be
made. On the contrary, ordinary acts of legislation are subject to the
considerations of expediency for the attainment of the particular objects
of the moment, to selfish interests, momentary impulses, passions,
prejudices, temptations. If there be no general rules which control
particular action, general principles are obscured or set aside by the
desires and impulses of the occasion. Our knowledge of the weakness of
human nature and countless illustrations from the history of legislation
in our own country point equally to the conclusion that if governmental
authority is to be controlled by rules of action, it cannot be relied upon
to impose those rules upon itself at the time of action, but must have them
prescribed beforehand.
Public-domain text, read in full here on John Shaqi.
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