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
The present process of constitutional amendment is too long, too
cumbrous, and too uncertain to afford an adequate remedy, and,
moreover, after the amendment has been carried, the law must once more
be submitted to the same court which was, perhaps, originally at fault,
in order to decide whether the new law comes within the amendment.
Provision should be made by which, after due deliberation, the people
should be given the right themselves to decide whether or not a
given law passed in the exercise of the police power for social or
industrial betterment and declared by the court to be unconstitutional,
shall, notwithstanding this, become part of the law of the land. This
proposal has caused genuine alarm and been treated as revolutionary;
but opposition to it can proceed only from complete misunderstanding
both of the proposal and of the needs of the situation. Of course,
however, the selfish opposition of the great corporation lawyers and
of their clients is entirely intelligent; for these men alone are the
beneficiaries of the present reign of hidden, of invisible, government,
and they rely primarily on well-meaning but reactionary courts to
thwart the forward movement.
NO DIVINE RIGHT OF JUDGES
Concretely to illustrate just what we mean, our assertion is that the
people have the right to decide for themselves whether or not they
desire a workmen’s compensation law, or a law limiting the number of
hours of women in industry, or deciding whether in unhealthy bakeshops
wage-workers shall be employed more than a certain length of time per
day, or providing for the safeguarding of dangerous machinery, or
insisting upon the payment of wages in cash, or assuming and exercising
full power over the conduct of corporations--the power denied by the
court in connection with the Knight Sugar Case, but finally secured to
the people by the decision in the Northern securities case. Every one
of these laws has been denied to the people, again and again, both by
national and by state judges in various parts of the Union.
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