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
In carrying out the original intent of the Constitution with reference
to property the courts have developed and applied the doctrine of vested
rights--a doctrine which has been used with telling effect for the
purpose of defeating democratic reforms. This doctrine briefly stated is
that property rights once granted are sacred and inviolable. A rigid
adherence to this policy would effectually deprive the government of the
power to make the laws governing private property conform to social and
economic changes. It would disregard the fact that vested rights are
often vested wrongs, and that one important, if not indeed the most
important, task which a government by and for the people has to perform
is to rectify past mistakes and correct the evils growing out of
corruption and class rule. A government without authority to interfere
with vested rights would have little power to promote the general
welfare through legislation.
The adoption of the Constitution brought this doctrine from the realm of
political speculation into the arena of practical politics. The men who
framed and set up our Federal government were shrewd enough to see that
if the interests of the property-holding classes were to be given
effective protection, it was necessary that political power should rest
ultimately upon a class basis. This they expected to accomplish largely
through the judicial veto and the power and influence of the Supreme
Court. The effect of establishing the supremacy of this branch of the
government was to make the legal profession virtually a ruling class. To
their charge was committed under our system of government the final
authority in all matters of legislation. They largely represent by
virtue of their training and by reason of the interests with which they
are affiliated, the conservative as opposed to the democratic
influences. The power and influence exerted by lawyers in this country
are the natural outgrowth of the constitutional position of our Supreme
Court. Its supremacy is in the last analysis the supremacy of lawyers as
a class and through them of the various interests which they represent
and from which they derive their support. This explains the fact so
often commented on by foreign critics, that in this country lawyers
exert a predominant influence in political matters.
Public-domain text, read in full here on John Shaqi.
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