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
Few of us, I assume, would seriously suggest that the judicial
department is to be above criticism, or that it is to be deemed
sacrosanct so that we must bow and submit in silence, without the right
of challenge, criticism, or censure, to whatever the courts declare to
be law. Such a view would be absurd. Of course, judges make mistakes
as the wisest and best men make mistakes. They are not infallible. But
neither are our legislative bodies infallible, nor is the crowd. There
must be the fullest liberty of criticism and if need be of censure of
our judges as of all other public officials. Fair and just criticism,
however, would be distinctly educational, and it could tend only to
restore the courts to public favor and confidence. The danger is not in
freedom of criticism, but in unfair and unfounded criticism supported
by distorted or false statements. Our judicial system is inherently
sound enough and strong enough to withstand and overcome any fair
criticism. We should, therefore, encourage the fullest discussion of
judicial decisions in constitutional cases in order that constitutional
principles may be adequately explained and the necessity for the
observance of constitutional morality brought home to the people.
Let us, however, insist that the facts be truthfully stated. If the
reasons and principles of justice which support most of the decisions
criticized could be explained to all classes in simple language and
in terms intelligible to laymen as well as to lawyers, much of the
misapprehension of judicial decisions and prejudice against the courts
and constitutional restraints would be dispelled. To tell the man in
the street or in the workshop that a statute is in conflict with the
guaranty of due process of law or of the law of the land, conveys no
meaning to his mind; yet, if he understood the fundamental principles
involved and the consequences of disregarding them, he might be
persuaded of the justice and propriety of the decision under discussion.
I shall call your attention to a few examples of alleged abuse or
usurpation of power by the judiciary, and endeavor to show the
characteristics of much of the criticism of the judges and the manner
in which the masses are being constantly prejudiced and inflamed
against the courts.
Public-domain text, read in full here on John Shaqi.
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