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
There is no liberty, we are told by the present-day followers of
Alexander Hamilton, where the majority is supreme. The American
political system realizes this conception of liberty mainly through the
Supreme Court--an organ of government which interprets the Constitution
and laws of Congress and which may forbid the carrying out of the
expressed will of the popular majority. It necessarily follows that the
authority which can thus overrule the majority and enforce its own views
of the system is an authority greater than the majority. All governments
must belong to one or the other of two classes according as the ultimate
basis of political power is the many or the few. There is, in fact, no
middle ground. We must either recognize the many as supreme, with no
checks upon their authority except such as are implied in their own
intelligence, sense of justice and spirit of fair play, or we must
accept the view that the ultimate authority is in the hands of the few.
Every scheme under which the power of the majority is limited means in
its practical operation the subordination of the majority to the
minority. This inevitable consequence of the limitation of popular rule
is not alluded to by the advocates of checks and balances, though it is
obvious to any careful student of the system.
It would, however, do injustice to the intelligence of those who
champion the scheme of checks and balances to give them credit for any
real sympathy with the aims and purposes of democracy. Individual
liberty as guaranteed by majority rule was not the end which the framers
of the Constitution had in view, nor is it the reason why the
present-day conservative defends their work. The Constitution as
originally adopted did not contain that highly prized guarantee of
personal liberty which democracy everywhere insists upon. The failure to
make any provision for freedom of the press should be regarded as a
significant omission. This, however, was not an essential part of the
Federalists' scheme of government, which aimed rather to protect the
property and privileges of the few than to guarantee personal liberty to
the masses. This omission is the more noteworthy in view of the fact
that this guarantee was at that time expressly included in a majority of
the state constitutions, and that the temper of the people was such as
to compel its speedy adoption as an amendment to the Federal
Constitution itself.
Public-domain text, read in full here on John Shaqi.
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