Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Moreover, the Constitution of the United States would probably never
have been adopted if the people had understood, as is now pretended,
that Congress was to be at liberty to disregard constitutional
limitations and guaranties and that there would be no way whatever of
preventing a violation by Congress of the constitutional rights of the
individual except at the polls. All students of our history know that
the Constitution was accepted by the people upon the distinct pledge
that amendments embodying a bill of rights to protect the individual
against Congress would be immediately adopted. And one of the first
acts of the First Congress in September, 1789, was to submit the ten
amendments known as the federal bill of rights, which were thereupon
ratified by the states and became an integral part of the Constitution.
But of what avail or benefit were these amendments if Congress was not
to be effectively restrained and bound by them? It is no exaggeration
to say that if the courts should now be deprived of the power to
protect litigants who invoke constitutional guaranties and should
be compelled to enforce, as valid laws, statutes which violate the
limitations upon legislative power which the people have deliberately
embodied in their fundamental law, our constitutions would become
dead letters, and we might as well turn to the pure and unrestrained
democracy of Greece and await her fate.
In an inspiring address delivered this year before the New York State
Bar Association on the subject of judicial decisions and public
feeling, Senator Root eloquently said: "A sovereign people which
declares that all men have certain inalienable rights, and imposes
upon itself the great impersonal rules of conduct deemed necessary
for the preservation of those rights, and at the same time declares
that it will disregard those rules whenever, in any particular case,
it is the wish of a majority of its voters to do so, establishes
as complete a contradiction to the fundamental principles of our
government as it is possible to conceive. It abandons absolutely the
conception of a justice which is above majorities, of a right in the
weak which the strong are bound to respect. It denies the vital truth
taught by religion and realized in the hard experience of mankind, and
which has inspired every constitution America has produced and every
great declaration for human freedom since Magna Carta--the truth that
human nature needs to distrust its own impulses and passions, and to
establish for its own control the restraining and guiding influence of
declared principles of action."
Public-domain text, read in full here on John Shaqi.
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