National characteristics, American; United States -- Civilization
It is to that quiet chamber, so rich, so noble in its dignity and
simplicity, so free from pomp and ostentation, so remote from turmoil
and confusion, so filled with the tranquil glory of intelligence and
conscience, so eloquent of confidence in the power of justice to
vindicate itself,--it is to that room that I would take a foreigner who
asked me why I believe that democracy in America has the promise of
endurance. Those nine men, in their black judicial robes (the only
officials of the nation who have from the beginning worn a uniform of
office), are the symbols of the American conscience offering the
ultimate guarantee of fair play. To them every case in law and equity
arising under the Constitution, treaties and laws of the United States,
every case of admiralty and marine jurisdiction, every case between
citizens of different States, or between two States, every case in which
the United States itself is a party, may be brought for final decision.
For more than a hundred years this court has discharged its high
functions without a suspicion of corruption or a shadow of reproach.
Twenty-one times it has annulled the action of Congress and declared it
_ultra vires_. More than two hundred times it has found that State
statutes were contrary to the Constitution and therefore practically
non-existent. And these decisions are not made in the abstract, on
theory, but in the concrete, on actual cases when the principle of fair
play under the Constitution is at stake.
Let me illustrate this. In 1894 a law was passed by Congress taxing all
incomes over a certain sum at certain rates. This was, in effect, not a
tax based proportionally upon population, but a special tax upon a part
of the population. It was also a direct tax levied by the national
legislature. There was no necessity of discussing the abstract question
of the wisdom or righteousness of such taxation. The only question was
whether it was fair play under the Constitution. A citizen of New York
refused to pay the tax; the case was brought to the Supreme Court and
argued by Mr. Choate, the late American Ambassador to Great Britain. The
court held that Congress had no power to impose such a tax, because the
Constitution forbids that body to lay any direct tax, "unless in
proportion to the census." By this one decision the income-tax law
became null, as if it had never been.
Again, a certain citizen had obtained from the State of Georgia a grant
of land upon certain terms. This grant was subsequently repealed by the
State by a general statute. A case arose out of the conveyance of this
land by a deed and covenant, and was carried to the Supreme Court. The
court held that the statute of the State which took the citizen's land
away from him was null, because it "impaired the obligation of a
contract," which the Constitution expressly forbids.
Public-domain text, read in full here on John Shaqi.
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