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
Liberty, as the framers of the Constitution understood the term, had to
do primarily with property and property rights. The chief danger which
they saw in the Revolutionary state governments was the opportunity
afforded to the majority to legislate upon matters which the well-to-do
classes wished to place beyond the reach of popular interference. The
unlimited authority which the state government had over taxation and its
power to restrict or abridge property rights were viewed with alarm by
the wealthy classes, who felt that any considerable measure of democracy
would be likely to deprive them of their time-honored prerogatives. To
guard against this danger the Constitution sought, in the interest of
the classes which dominated the Federal Convention, to give the widest
possible scope to private property. It prohibited private property in
nothing--permitting it, as originally adopted, even in human beings. It
may be said without exaggeration that the American scheme of government
was planned and set up to perpetuate the ascendency of the
property-holding class in a society leavened with democratic ideas.
Those who framed it were fully alive to the fact that their economic
advantages could be retained only by maintaining their class ascendency
in the government. They understood the economic significance of
democracy. They realized that if the supremacy of the majority were once
fully established the entire policy of the government would be
profoundly changed. They foresaw that it would mean the abolition of all
private monopoly and the abridgment and regulation of property rights
in the interest of the general public.
The Constitution was in form a political document, but its significance
was mainly economic. It was the outcome of an organized movement on the
part of a class to surround themselves with legal and constitutional
guarantees which would check the tendency toward democratic legislation.
These were made effective through the attitude of the United States
courts which, as Professor Burgess says, "have never declined
jurisdiction where private property was immediately affected on the
ground that the question was political."[177]
"There can be no question that the national government has given to the
minority a greater protection than it has enjoyed anywhere else in the
world, save in those countries where the minority is a specially
privileged aristocracy and the right of suffrage is limited. So absolute
have property rights been held by the Supreme Court, that it even, by
the Dred Scott decision, in effect made the whole country a land of
slavery, because the slave was property, and the rights of property were
sacred."[178]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account