Monopolies -- United States; Railroads and state -- United States
If we want examples of a corrupt bench, we can refer to the city of New
York, where certain judges have been impeached, and removed from office.
Of partisan judges, we find them in Louisiana, Alabama, Arkansas,
Kansas, and many other states. Of ambitious judges, those who, while
acting in their official capacity, enter into political contests, and
use their judicial positions to secure other preferment, we need only to
look over the history of any of the states, and to the highest court in
the nation. Judges of the supreme court of the United States are found
identified with political parties; entering the lists as candidates for
higher distinction; and while they are holding high and responsible
offices, to which they have been appointed for life, they are seen
mixing with politicians as partizans, and seeking nominations. Judges
whose judicial decisions have been controlled by public sentiment, can
be found in Iowa, Illinois, Indiana, and Wisconsin. Judges who have
reversed their own decisions, can be found in any state in the Union,
and we have recent examples in the supreme court of the United States.
Such being the facts, it is not strange that railroads, and other great
corporations, should, to a very considerable extent, influence the
actions and decisions of courts. We feel warranted in saying, that the
decisions of courts, more than everything else combined, have promoted
the rapid strides made by railroad corporations toward a complete
destruction of republican institutions. The pernicious practice of
solving all doubtful points in favor of these corporations by the
"judicial construction" of statutes, or what might be called "judicial
legislation," has been of vastly more benefit to them than all the
grants received from legislative bodies. Legislatures do not possess the
power to grant to any individual, company, or corporation, exclusive
rights or privileges, unless such power is conferred by the
constitution. The rule formerly obtained, that in cases where the rights
of the public and that of an individual or corporation came in conflict,
an act of the legislature of doubtful authority would be construed in
favor of the people. The reason for this rule of construction is
obvious. The people are sovereign. All the powers not delegated to the
government, or to some department of it, were retained by the people.
Hence, when a question was presented involving a doubt of its
constitutionality, and a decision in favor of the individual or
corporation would deprive the people of any of their reserved rights, it
was resolved in favor of the sovereign people. The act was held to be
unconstitutional because the legislature could not exceed the scope of
the authority conferred upon it. The constitution was a limitation upon
legislation.
Public-domain text, read in full here on John Shaqi.
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