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
I do not doubt that if we could have an exhaustive debate before
a great tribunal of American public opinion and could step by
step analyze and sift the arguments against the judicial power in
constitutional cases, we would find in the final analysis that those
who are so fiercely charging the courts with usurping power by refusing
to enforce unconstitutional enactments would still want the continued
protection of the courts so far as their own constitutional rights and
liberties were concerned, and that they were only asking modification
and curtailment in respect of the rights and liberties of others. I
am confident that if it were left to the people of the United States
to determine by their votes the simple question whether they would
place in the hands of Congress or of their state legislatures the
fundamental, elemental, inalienable rights which every American citizen
now enjoys--the inalienable rights proclaimed in the Declaration of
Independence--an overwhelming vote would be cast against any such
change. Indeed, support for this conviction may be found in the recent
experience of Australia, that hotbed of radicalism. An attempt by
constitutional amendment to curtail the power of the judiciary in
labor controversies and to confer upon the Australian parliament all
power necessary to deal with labor matters was there the subject of a
referendum and met with a decisive defeat at the polls. Are we likely
to be less conservative than the Australians, or to be less mindful of
the necessity for wise constitutional guaranties and restraints?
The truth is that our constitutions, national and state, do not stand
in the way of any fair and just exercise of what is called the police
power, or of measures for social progress or social justice, and
that they do not prevent reasonable and just regulations tending to
secure the health and promote the welfare of the community at large,
or the enactment of proper and reasonable factory laws or proper and
reasonable workmen's compensation acts. The main source of trouble is
that the statutes which the courts are compelled to refuse to enforce
are very often hastily and crudely drawn, and are often inherently
unreasonable and unjust.
But, even if this be not so; even if the people, after full statement
of the facts and thorough explanation of the effect of the change, upon
mature consideration desire to vest greater power in our legislatures,
or to curtail the power of the courts, the means are within their
reach. In New York and in other states, the Constitution can be easily
amended within two years.
Public-domain text, read in full here on John Shaqi.
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