On the contrary, in the declaration of the national Assembly, most of
the articles are abstract dogmas,[2337] metaphysical definitions, more
or less literary axioms, that is to say, more or less false, now vague
and now contradictory, open to various interpretations and to opposite
constructions, These are good for platform display but bad in practice,
mere stage effect, a sort of pompous standard, useless and heavy, which,
hoisted in front of the Constitutional house and shaken every day
by violent hands, cannot fail soon to tumble on the heads of passers
by.[2338]--Nothing is done to ward off this visible danger. There is
nothing here like that Supreme Court which, in the United States, guards
the Constitution even against its Congress, and which, in the name of
the Constitution, actually invalidates a law, even when it has passed
through all formalities and been voted on by all the powers;
which listens to the complaints of the individual affected by an
unconstitutional law; which stays the sheriff's or collector's hand
raised against him, and which above their heads gives judgment on his
interests and wrongs. Ill-defined and discordant laws are proclaimed
without any provision being made for their interpretation, application
or sanction. No means are taken to have them specially expounded. No
district tribunal is assigned to consider the claims which grow out of
them, to put an end to litigation legally, peacefully, on a last appeal,
and through a final decision which becomes a precedent and fixes the
loose sense of the text. All this is made the duty of everybody, that is
to say of those who are disposed to charge themselves with it,--in other
words, the active minority in council assembled.--Thus, in each town
or village it is the local club which, by the authorization of the
legislator himself, becomes the champion, judge, interpreter and
administrator of the rights of man, and which, in the name of these
superior rights, may protest or rebel, as it seems best, not only
against the legitimate acts of legal powers, but also against the
authentic text of the Constitution and the Laws.[2339]
Public-domain text, read in full here on John Shaqi.
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