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
We find many political and social reformers advocating an absolute
legislative body, whose edicts, in response to the wishes, interests,
or prejudices of the majority, shall at once become binding on all,
no matter how unjust or oppressive these edicts may be. Those who
are loudest in thus demanding the supremacy of the legislative power
are equally loud in charging that our legislatures are inefficient or
corrupt and in proclaiming distrust of the people's representatives in
legislative bodies. In one breath we are asked to vest legislatures
with power and discretion beyond the control of the courts, and in the
next breath we are told that legislative bodies are not to be trusted
by the people, and hence that we must have the initiative and the
referendum.
Other reformers would vest greater power in the executive, so as to
enable him to dictate to legislatures whatever he deemed or professed
to think best for the common welfare or for social progress. In the
final analysis this would, of course, reduce us to a despotism pure and
simple, and place Congress and the state legislatures in the condition
of the Roman senate in the second century. Argue as we may from the
admonitions and experience of the past, the defiant answer is that
the people will select the executive and are prepared to trust him,
an answer that singularly disregards the fact that they now select
the legislators whom they no longer trust, and that practical reform
in legislation is ready to their hand if they will only insist upon
character and ability in their representatives.
Public-domain text, read in full here on John Shaqi.
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