constructed upon this stiff framework is a safe or legitimate part of
policy. Law is, in his conception, creative of states, and they live
only by such permissions as they can extract from it. The functions
of the judge and the functions of the man of affairs have, therefore,
been very closely related in our history, and John Marshall, scarcely
less than Daniel Webster, was a constitutional statesman. With all
Madison’s conservative temper and wide-eyed prudence in counsel, the
subject-matter of thought for both of these men was not English liberty
or the experience of men everywhere in self-government, but the
meaning stored up in the explicit sentences of a written fundamental
law. They taught men the new--the American--art of extracting life
out of the letter, not of statutes merely (that art was not new), but
of statute-built institutions and documented governments: the art of
saturating politics with law without grossly discoloring law with
politics. Other nations have had written constitutions, but no other
nation has ever filled a written constitution with this singularly
compounded content, of a sound legal conscience and a strong national
purpose. It would have been easy to deal with our Constitution like
subtle dialecticians; but Webster and Marshall did much more and
much better than that. They viewed the fundamental law as a great
organic product, a vehicle of life as well as a charter of authority;
in disclosing its life they did not damage its tissue; and in thus
expanding the law without impairing its structure or authority they
made great contributions alike to statesmanship and to jurisprudence.
Our notable literature of decision and commentary in the field of
constitutional law is America’s distinctive gift to the history and
the science of law. John Marshall wrought out much of its substance;
Webster diffused its great body of principles throughout national
policy, mediating between the law and affairs. The figures of the two
men must hold the eye of the world as the figures of two great national
representatives, as the figures of two great Americans.
Public-domain text, read in full here on John Shaqi.
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