The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
And yet, it is true, “and pity ’tis, ’tis true”, that in these days there
seems to be a great lack of confidence, nay even a feeling of contempt
existing in the minds and hearts of many men for this great charter of
human liberty. Men born to the blessings of freedom, men who do not stop
to think about the cost of freedom, men who do not realize that this
Nation is not the child of chance, but that it is the outgrowth of
centuries of tears and blood and sacrifice in the cause of human
freedom—these men assume an attitude of criticism, and would, by
destroying the Constitution, fly from the “ills we have” and open their
arms to evils “we know not of”.
And this feeling, this unrest, this spirit of criticism, is not limited to
the ignorant, nor the lowly. Many men and women of education and culture
are prominent in the ranks of those who raise their voices in reckless
condemnation.
What is the source of this widespread feeling?
For several years before the World War, we were passing through a period
of readjustment in the political and social life of the Nation. Many
people felt that privilege was too strongly entrenched in governmental
favor. A noble feeling of sympathy for the weak and the unfortunate
created a demand for social justice. A great political party was thrown
out of power. Out of all this came appeals for legislation, most of it
inspired by the highest motives, but much of it impractical and visionary,
some of it so framed that in providing a benefit for a certain class, the
rights of some other class were forgotten. Often it became necessary to
recall the provisions of the Constitution, and some times it was used as a
bar to the enactment of measures which were inspired only by the loftiest
motives. Under such circumstances it is only natural that those intensely
interested, seeing only from one standpoint, not understanding perhaps the
far reaching effect of their favorite measures, should cry out at the
limitations imposed by the Constitution.
Then again courts are sometimes compelled, under their sworn duty to
defend the Constitution, to hold that a legislative enactment is
unconstitutional and void, because it violates some of the principles of
that great document, created, not by courts, not by presidents, but by the
people themselves for their own guidance and protection.
But Chief Justice White gives the strongest reason for this feeling of
contempt for the Constitution. He says:
There is great danger, it seems to me, to arise, from the constant
habit which prevails where anything is opposed or objected to, of
resorting without rhyme or reason, to the Constitution as a means
of preventing its accomplishment, thus creating the general
impression that the Constitution is but a barrier to progress,
instead of being the broad highway through which alone true
progress, may be enjoyed.
Public-domain text, read in full here on John Shaqi.
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