The courts alone protect the rights of the minority, for the legislative and executive are subservient to the expressed will of the majority. In the courts, however, the property of the rich and the poor alike is protected from the might of the powerful and the will of the majority, because the law of the land, in recognition of the right of the minority to enjoy life, liberty and property, in this free land of ours, has provided that no property can be taken, however popular it might be to appropriate it, without just compensation, after a trial, upon due process. But when the judges were but the servants of the majority, of course the wishes of the majority controlled them, hence the necessity of making them independent of both the majority and minority. We have seen how the recall of judges by popular vote, in Babylon and Greece weakened and destroyed their independence and made them subservient tools of the popular and great leaders of the majority; that in time the respect of the community for the judges so situated was completely destroyed and that the fear of humiliation and disgrace prevented gentleman of dignity and ability from seeking such a precarious place and the whole judicial system was thereby perverted and deranged. Commenting upon the condition which the recall of judges by popular vote brought about in Greece, we have the valuable testimony of Aristotle who said:[67] “Those who have any complaints to bring against the magistrates say: ‘_Let the people be judges_’; the people are too happy to accept the invitation and so the authority of every office is undermined. Such a democracy is fairly open to the objection that it is not a constitution at all, for where the laws have no authority there is no constitution.” The framers of our constitution were familiar with the experiments of ancient Greece and the mistakes of the early Anglo-Saxons, and this is why the Constitution guarantees to “every state in the union a Republican form of government.”[68] Shall the illuminating precedents of history, ever be forgotten; shall the land-marks of the fathers and the light-houses, planted upon the shoals upon which other ships of state have floundered, be torn away? Are the secrets of the old dooms day books of the Anglo-Saxons, to be read in vain and the mistakes of the law of ostracism of the Athenians and the discarded and condemned law of petalism, of the Syracusans, to be adopted in the United States, in the twentieth century?[69]