The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
"On the whole, federal and State courts alike have been not only
a protection, but the one really efficient protection of minority
interests against oppression by the majority.... It has more
than once happened that an impatient majority has denounced these
courts as instruments of partisanship. The anti-slavery leaders,
the soft money leaders, and the labor leaders have in turn taken
exception to their utterances, and even ventured to impugn their
motives. But I think that most intelligent men who know the
history of the country will say that our courts have been the
real bulwarks of American liberty; and that while Hamilton and
his associates would be somewhat disappointed in the working of
the machinery of legislation and administration if they could see
it in its present shape, they would be filled with admiration at
the work which has been accomplished by the judiciary. I believe
it to be the judgment of sober-minded men that the courts have
furnished the agency which has guarded us against excesses, and
have saved the American republic from the necessity of repeating
the successive revolutionary experiences which France underwent
before she could attain to a stable democracy."[Footnote:
"Freedom and Responsibility," 23, 24.]
This confidence in and respect for the judiciary as a whole has
increased with the general advance of the country in population
and wealth. There have been larger questions with which to deal,
and the courts have been found adequate to the task. But at the
same time the personal consequence and reputation of every
individual American judge has been steadily decreasing. As
States multiply and the range of litigation widens, the work of
judicial exposition of legal principles comes to be shared by so
many hands that what any one man does is of comparatively small
account. There is no room for star players upon the stage.
Broad as it is, it is too crowded for one to make a conspicuous
place for himself and stand as Marshall or Story, Kent or
Parsons, did, apart from his fellows. Popular confidence is now
not placed in courts because this or that man is the ruling
spirit in them. It is impersonal and attaches itself to the
institution of the judiciary as, all things considered, the best
guaranty of good government in the United States.
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