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
The criticisms of which the above are fair samples must be refuted
because they find constant repetition and have the authority of
distinguished leaders of public opinion, who at the present time seem
to have the confidence of the people. Their statements are naturally
accepted as true. The judges are being similarly misrepresented and
assailed on all sides, and they cannot defend themselves. Thus far
the bar at large has seemed indifferent, and a misconception of what
constitutes good taste imposes silence upon the counsel engaged in the
cases which are criticized. The people are being misled, prejudiced
and inflamed by false statements and unfair criticism. If the courts
are not defended, they may bend before the storm of undeserved censure.
Constituted as humanity is, there is grave danger that the judges will
be unconsciously intimidated and coerced by this abuse and clamor.
Is it not high time that the members of our profession should charge
themselves with the task of defending the courts by placing the facts
before the people? The bar associations of the country will never be
called upon to render a greater service to the profession and to the
community than that of stemming this tide of misrepresentation and
intemperate abuse and striving to restore confidence in the learning,
impartiality and independence of our judges, in the justice of their
decisions, and in the necessity of their enforcing constitutional
restraints.
Not only are the decisions of the courts constantly distorted and
misrepresented, but the people are also being taught that the courts
have usurped the power to declare void any statute in conflict with the
constitution, and that no such power was ever intended to be conferred
by the framers of national or state constitutions. Surely by this time
it ought to be manifest that if the courts may not adjudge invalid and
refuse to give force and effect to unconstitutional enactments, it
is of little or no use to declare in constitutions that legislatures
shall not pass bills of attainder, or ex post facto laws, or laws
abridging the freedom of speech, or of the press, or prohibiting the
free exercise of religion, or denying the right to trial by jury, or
imprisoning without trial, or suspending the writ of habeas corpus, or
confiscating private property.
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