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
So far, no such rambunctious and unprecedented judge has been heard
of,--none, that is, has objected to the injunction clause in toto
and head on--nor do I specifically predict his advent. He may come,
but probably he won’t. The law is a curse to all of us, but it is a
curse of special virulence to lawyers. It becomes for them a sort of
discreditable vice, a stealthy and degrading superstition. It robs them
of all balance, of all capacity for clear thought, of all imagination.
Judges tend to show this decay of the faculties in an exaggerated form;
they become mere automata, bound by arbitrary rules, precedents, the
accumulated imbecilities of generations of bad logic; to their primary
lack of sense as lawyers they add the bombastic manner of bureaucrats.
It is thus too much to hope for a judge showing any originality or
courage; one Holmes in an era of Hardings and Coolidges is probably
more than a fair allotment. But while the judges of the District Courts
go on driving wild teams of jackasses through the Bill of Rights,
and the rev. seniors of the Supreme Court give their approval to the
business in solemn form, sometimes but not always with Holmes, J., and
Brandeis, J., dissenting--while all this is going on, there are black
clouds rolling up from the hinterland, where the Constitution is
still taught in the schools and even Methodists are bred to reverence
Patrick Henry. The files of Congress already show the way the wind is
blowing--constitutional amendments to drag down and denaturize the
Supreme Court, simple acts to the same end, other acts providing for
the election of Federal judges, yet others even more revolutionary.
I know of no such proposal that has any apparent merit. Even the
best of them, hamstringing the courts, would only augment the power
of a Congress that is ten times worse. But so long as judges pursue
fatuously the evil business of converting every citizen into a subject,
demagogues will come forward with their dubious remedies, and, soon
or late, unless the bench pulls up, some of these demagogues will get
themselves heard.
V. REFLECTIONS ON HUMAN MONOGAMY
1
_The Eternal Farce_
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account