Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The text of this address is taken from Grote's "History of Greece." The
historian, reviewing the state of the Athenian democracy in the age
of Kleisthenes, points out that it became necessary to create in the
multitude, and through them to force upon the leading men, the rare and
difficult sentiment which he terms constitutional morality. He shows
that the essence of this sentiment is self-imposed restraint, that few
sentiments are more difficult to establish in a community, and that its
diffusion, not merely among the majority, but throughout all classes,
is the indispensable condition of a government at once free, stable
and peaceable. Whoever has studied the history of Greece knows that
the Grecian democracy was ultimately overthrown by the acts of her own
citizens and their disregard of constitutional morality rather than by
the spears of her conquerors.
We American lawyers would be blind, indeed, if we did not recognize
that there is at the present time a growing tendency throughout the
country to disregard constitutional morality. On all sides we find
impatience with constitutional restraints, manifesting itself in many
forms and under many pretences, and this impatience is particularly
strong with the action of the courts in protecting the individual and
the minority against unconstitutional enactments favoring one class
at the expense of another. However worded and however concealed under
professions of social reform or social justice, the underlying spirit
in most instances is that of impatience with any restraint or rule of
law.
We are meeting again the oldest and the strongest political plea of
the demagogue, so often shown to be the most fallacious and dangerous
doctrine that has ever appeared among men, that the people are
infallible and can do no wrong, that their cry must be taken as the
voice of God, and that whatever at any time seems to be the will of
the majority, however ignorant and prejudiced, must be accepted as
gospel. The principal political battle-cry to-day seems to be that,
if the people are now fit to rule themselves, they no longer need any
checks or restraints, that the constitutional form of representative
government under which we have lived and prospered has become
antiquated and unsatisfactory to the masses, and that we should adopt a
pure democracy and leave to the majority itself the decision of every
question of government or legislation, with the power to enforce its
will or impulse immediately and without restraint.
Public-domain text, read in full here on John Shaqi.
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