Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
The Fathers, when they launched the Republic, were under no illusions
as to the nature of government. Washington’s view of its inner
nature I have already quoted; Jefferson it was who said sagely that
“that government is best which governs least.” The Constitution in
its first form, perhaps, was designed chiefly to check the rising
pretensions of the lower orders, drunk with the democratic fustian of
the Revolutionary era, but when the Bill of Rights was added to it its
guns began to point more especially at the government itself, _i. e._,
at the class of job-holders, ever bent upon oppressing the citizen
to the limit of his endurance. It is, perhaps, a fact provocative
of sour mirth that the Bill of Rights was designed trustfully to
prohibit forever two of the favorite crimes of all known governments:
the seizure of private property without adequate compensation and the
invasion of the citizen’s liberty without justifiable cause and due
process of law. It is a fact provocative of mirth yet more sour that
the execution of these prohibitions was put into the hands of courts,
which is to say, into the hands of lawyers, which is to say, into
the hands of men specifically educated to discover legal excuses for
dishonest, dishonorable and anti-social acts. The actual history of
the Constitution, as everyone knows, has been a history of the gradual
abandonment of all such impediments to governmental tyranny. Today we
live frankly under a government of men, not of laws. What is the Bill
of Rights to a Roosevelt, a Wilson, a Palmer, a Daugherty, a Burns?
Under such tin-horn Cæsars the essential enmity between government and
citizen becomes only too plain, and one gets all the proof that is
needed of the eternal impossibility of protecting the latter against
the former. The government can not only evoke fear in its victims; it
can also evoke a sort of superstitious reverence. It is thus both an
army and a church, and with sharp weapons in both hands it is virtually
irresistible. Its personnel, true enough, may be changed, and so may
the external forms of the fraud it practises, but its inner nature is
immutable.
Public-domain text, read in full here on John Shaqi.
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