Prejudices, third seriesMencken, H. L. (Henry Louis)
History
Prejudices, third series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
to have the support of public opinion, and particularly of the then
President of the United States and of the holders of Russian government
securities.
It must be obvious, viewing such leading cases critically—and hundreds
like them might be cited—that the old rights of the free American, so
carefully laid down by the Bill of Rights, are now worth nothing. Bit
by bit, Congress and the State Legislatures have invaded and nullified
them, and to-day they are so flimsy that no lawyer not insane would
attempt to defend his client by bringing them up. Imagine trying to
defend a man denied the use of the mails by the Postmaster-General,
without hearing or even formal notice, on the ground that the
Constitution guarantees the right of free speech! The very catchpolls
in the courtroom would snicker. I say that the legislative arm is
primarily responsible for this gradual enslavement of the Americano;
the truth is, of course, that the executive and judicial arms are
responsible to a scarcely less degree. Our law has not kept pace with
the development of our bureaucracy; there is no machinery provided for
curbing its excesses. In Prussia, in the old days, there were special
courts for the purpose, and a citizen oppressed by the police or by
any other public official could get relief and redress. The guilty
functionary could be fined, mulcted in damages, demoted, cashiered,
or even jailed. But in the United States to-day there are no such
tribunals. A citizen attacked by the Postmaster-General simply has
no redress whatever; the courts have refused, over and over again,
to interfere save in cases of obvious fraud. Nor is there, it would
seem, any remedy for the unconstitutional acts of Prohibition agents.
Some time ago, when Senator Stanley, of Kentucky, tried to have a law
passed forbidding them to break into a citizen’s house in violation of
the Bill of Rights, the Prohibitionists mustered up their serfs in the
Senate against him, and he was voted down.
The Supreme Court, had it been so disposed, might have put a stop to
all this sinister buffoonery long ago. There was a time, indeed, when
it was alert to do so. That was during the Civil War. But since then
the court has gradually succumbed to the prevailing doctrine that the
minority has no rights that the majority is bound to respect. As it
is at present constituted, it shows little disposition to go to the
rescue of the harassed freeman. When property is menaced it displays
a laudable diligence, but when it comes to the mere rights of the
citizen it seems hopelessly inclined to give the prosecution the
benefit of every doubt. Two justices commonly dissent—two out of nine.
They hold the last switch-trench of the old constitutional line. When
they depart to realms of bliss the Bill of Rights will be buried with
them.
XVII. REFLECTIONS ON THE DRAMA
Public-domain text, read in full here on John Shaqi.
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