Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
kinds of home work, and all artisans, whether men or women, could
have been driven into factories at the dictation of factory owners
or trade-unions having sufficient political influence to secure the
necessary legislation.
I digress here a moment to point out that people urging particular
enactments too often overlook the effect of disregarding a principle
and establishing a precedent. Constitutions declare general rules or
principles of justice, which sometimes do not coincide with the justice
of particular cases. The framing of general rules of conduct so as to
bring about practical justice in the greatest number of cases and with
the fewest exceptions, constitutes the science of jurisprudence, of
which constitution-making is but a branch, and the application of these
general rules to practical affairs is the duty of legislatures and
courts. The statutes before the courts are frequently recognized and
conceded to be only entering wedges and experiments, and, if sustained,
are certain to be followed by others far broader and more radical. If
legislative power exists to regulate a subject, the extent or degree
of its exercise is essentially for the legislature to determine in its
discretion and cannot be controlled by the courts. Hence, a court must
always consider, in determining the constitutionality of a statute, not
merely the features of the particular statute before it and not merely
the justice or merits of the particular case as between man and man or
between the state and the individual, but what might be done under the
same principle if the statute before it were upheld and a precedent
established. Thus, if we once grant the power of a legislature to
prohibit work at home under sanitary conditions in one trade, then
every trade becomes subject to the same power of regulation and
prohibition, and all working men and women can be driven into crowded
factories.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account