Courts -- United States; Revolutions; United States -- Politics and government
Never since man first walked erect have his relations toward nature been
so changed, within the same space of time, as they have been since
Washington was elected President and the Parisian mob stormed the
Bastille. Washington found the task of a readjustment heavy enough, but
the civilization he knew was simple. When Washington lived, the fund of
energy at man's disposal had not very sensibly augmented since the fall
of Rome. In the eighteenth, as in the fourth century, engineers had at
command only animal power, and a little wind and water power, to which
had been added, at the end of the Middle Ages, a low explosive. There
was nothing in the daily life of his age which made the legal and
administrative principles which had sufficed for Justinian insufficient
for him. Twentieth-century society rests on a basis not different so
much in degree, as in kind, from all that has gone before. Through
applied science infinite forces have been domesticated, and the action
of these infinite forces upon finite minds has been to create a tension,
together with a social acceleration and concentration, not only
unparalleled, but, apparently, without limit. Meanwhile our laws and
institutions have remained, in substance, constant. I doubt if we have
developed a single important administrative principle which would be
novel to Napoleon, were he to live again, and I am quite sure that we
have no legal principle younger than Justinian.
As a result, society has been squeezed, as it were, from its rigid
eighteenth-century legal shell, and has passed into a fourth dimension
of space, where it performs its most important functions beyond the
cognizance of the law, which remains in a space of but three dimensions.
Washington encountered a somewhat analogous problem when dealing with
the thirteen petty independent states, which had escaped from England;
but his problem was relatively rudimentary. Taking the theory of
sovereignty as it stood, he had only to apply it to communities. It was
mainly a question of concentrating a sufficient amount of energy to
enforce order in sovereign social units. The whole social detail
remained unchanged. Our conditions would seem to imply a very
considerable extension and specialization of the principle of
sovereignty, together with a commensurate increment of energy, but
unfortunately the twentieth-century American problem is still further
complicated by the character of the envelope in which this highly
volatilized society is theoretically contained. To attain his object,
Washington introduced a written organic law, which of all things is the
most inflexible. No other modern nation has to consider such an
impediment.
Public-domain text, read in full here on John Shaqi.
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