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
The difference between the proposed practice of overriding the constitution
by a vote and amending the constitution is vital. It is the difference
between breaking a rule and making a rule; between acting without any rule
in a particular case and determining what ought to be the rule of action
applicable to all cases.
Our legislatures frequently try to evade constitutional provisions, and
doubtless popular majorities seeking specific objects would vote the same
way, but set the same people to consider what the fundamental law ought
to be, and confront them with the question whether they will abandon in
general the principles and the practical rules of conduct according to
principles, upon which our government rests, and they will instantly
refuse. While their minds are consciously and avowedly addressed to that
subject they will stand firm for the general rules that will protect them
and their children against oppression and usurpation, and they will change
those rules only if need be to make them enforce more perfectly the
principles which underlie them.
Communities, like individuals, will declare for what they believe to be
just and right; but communities, like individuals, can be led away from
their principles step by step under the temptations of specific desires and
supposed expediencies until the principles are a dead letter and allegiance
to them is a mere sham.
And that is the way in which popular governments lose their vitality and
perish.
The Roman consuls derived their power from the people and were responsible
to the people; but Rome went on pretending that the emperors and their
servants were consuls long after the Praetorians were the only source of
power and the only power exercised was that of irresponsible despotism.
A number of countries have copied our constitution coupled with a provision
that the constitutional guarantees may be suspended in case of necessity.
We are all familiar with the result. The guarantees of liberty and justice
and order have been forgotten: the government is dictatorship and the
popular will is expressed only by revolution.
Public-domain text, read in full here on John Shaqi.
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