The Century Illustrated Monthly Magazine, October, 1913: Vol. LXXXVI. New Series: Vol. LXIV. May to October, 1913Various
General
The Century Illustrated Monthly Magazine, October, 1913: Vol. LXXXVI. New Series: Vol. LXIV. May to October, 1913
Various
Periodicals
We hold that all the agencies of government belong to the people, that
the Constitution is theirs, and that the courts are theirs. The people
should exercise their power, not to overthrow either the Constitution
or the courts, but to overthrow those who would pervert them into
agents against the popular welfare. We believe that where a public
servant misrepresents the people, the people should have the right
to remove him from office, and that where the legislature enacts a
law which it should not enact or fails to enact a law which it should
enact, the people should have the right on their own initiative to
supply the omission. We do not believe that either power should be
loosely or wantonly used, and we would provide for its exercise in a
way which would make its exercise safe; but the power is necessary, and
it should be provided.
We hold, moreover, with the utmost emphasis, that the people themselves
should have the right to decide for themselves after due deliberation
what laws are to be placed upon the statute-books and what construction
is to be placed upon the constitutions, national and state, by the
courts, so far as concerns all laws for social and industrial justice.
This proposal has nothing whatever to do with any ordinary case at
law. It has nothing to do with the exercise by the judge of judicial
functions, or with his decision in any issue merely between man and
man. It has to do only with the exercise by the court of political
and legislative functions. We believe that it is wise to continue the
American practice of using the courts as a check upon the legislature
in this manner, but only so long as it is possible, in the event of
conflict between the legislature and the court, to call in as arbiter
the people who are the masters of both legislature and court, and whose
own vital interests are at issue. The court and the legislature alike
are the servants of the people, and they are dealing with the interests
of the people; and the people, the masters of both, have the right to
decide between them when their own most intimate concerns are at stake.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account