Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Probably no more crude, impracticable, or absurd scheme was ever
proposed by any one claiming to have the first and elemental ideas
of American constitutional government than the proposition to render
subject to recall or reversal by a majority vote all decisions in
constitutional cases affecting statutes passed under the police power.
The term "police power" is the most comprehensive that could have been
employed. Most of our individual rights are covered by that term; and
when the Progressives say that a statute passed under the police power
shall be valid and enforceable, notwithstanding the courts may declare
it to be arbitrary, unjust and unequal and hence unconstitutional,
if a temporary majority see fit to overrule the courts, they
propose that practically all the most vital and cherished of our
supposed inalienable individual rights--our personal and religious
liberty--shall in final result be at the mercy of any temporary
majority. In ultimate analysis, the proposition for the recall of
judicial decisions would mean that the majority should act as umpire in
any dispute as between themselves and the minority.
The hatred of the courts which the Progressives now share in common
with the Socialists, Anarchists and Populists, and that part of
organized labor and labor unions typified and represented by such men
as the McNamaras, the Debses and the Parks (who in truth shamefully
misrepresent the great majority of law-abiding and patriotic members
of these organizations), has forced into this campaign an unparalleled
attack upon our judicial system and the administration of justice.
When the New York state Progressive platform was first given to the
press on September 3rd, the judiciary plank read as follows: "We
heartily indorse the declarations of our national platform respecting
the judiciary and favor their embodiment in the organic law of the
state. We condemn the past attitude of the New York Court of Appeals
toward various important and humane measures of social legislation."
The unprecedented indecency of this attack upon the Court of Appeals
immediately produced such a storm of indignation throughout the
state that the clause appears later to have been amended so as to
eliminate that sentence. The final form given to the public omits this
denunciation of the highest court of our state, and confines the plank
to the proposals of the national platform. I have time now to discuss
only two of these planks.
The Progressives declare in their extraordinary and revolutionary
platform: "We believe that the issuance of injunctions in cases arising
out of labor disputes should be prohibited, when such injunctions would
not apply when no labor disputes existed." This should be compared
with substantially the same declaration in the Bryan platform of 1908,
in which the Democratic party declared: "We deem ... that injunctions
should not be issued in any cases in which injunctions would not issue
if no industrial dispute were involved."
Public-domain text, read in full here on John Shaqi.
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