The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
This, as we have seen, was the chief danger which the conservative
classes saw in the form of government established at the outbreak of the
Revolution. They were afraid that the power of the numerical majority
would be employed to further the interests of the many at the expense of
the few, and to guard against such a use of the government they sought
to re-establish the system of checks. The Constitution which restored
the old scheme of government in a new garb also revived the old
conception of individual liberty. There is, however, one important
difference between the eighteenth-century conception of liberty and that
which finds expression in our constitutional literature. Formerly it was
because of the lack of popular control that the people generally
desired to limit the authority of the government, but the framers of the
Constitution wished to bring about the limitation of governmental
functions because they feared the consequences of majority rule.
Formerly the many advocated the limitation of the power of king and
aristocracy in the interest of liberty; now the few advocate the
limitation of the power of the many for their own protection. With the
abolition of monarchy and aristocracy the attitude of the few and the
many has been reversed. The aristocratic and special interests that
formerly opposed the limitation of political activity when they were
predominant in the government, now favor it as a protection against the
growing power of the masses, while the latter, who formerly favored, now
oppose it. The conservative classes now regard the popular majority with
the same distrust which the liberals formerly felt toward the king and
aristocracy. In fact, the present-day conservative goes even farther
than this and would have us believe that the popular majority is a much
greater menace to liberty than king or aristocracy has ever been in the
past.
"There can be no tyranny of a monarch so intolerable," says a recent
American writer, "as that of the multitude, for it has the power behind
it that no king can sway."[176] This is and has all along been the
attitude of the conservative classes who never lose an opportunity to
bring the theory of democracy into disrepute. The defenders of the
American Constitution clearly see that unless the fundamental principle
of popular government is discredited the system of checks can not
survive.
Public-domain text, read in full here on John Shaqi.
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