The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
There was a time in this country when all bowed to a decision of the
Supreme Court. It was unquestioned. It was regarded as "a voice from
on high." The people heard and they obeyed. The Dred Scott decision
destroyed that illusion forever. From that day to this the people have
claimed the privilege of putting the decisions of the Supreme Court in
the crucible of reason. These decisions are no longer exempt from honest
criticism. While the decision remains, it is the law. No matter how
absurd, no matter how erroneous, no matter how contrary to reason and
justice, it remains the law. It must be overturned either by the Court
itself (and the Court has overturned hundreds of its own decisions), or
by legislative action, or by an amendment to the Constitution. We do not
appeal to armed revolution. Our Government is so framed that it provides
for what may be called perpetual peaceful revolution. For the redress
of any grievance, for the purpose of righting any wrong, there is the
perpetual remedy of an appeal to the people.
We must remember, too, that judges keep their backs to the dawn. They
find what has been, what is, but not what ought to be. They are tied and
shackled by precedent, fettered by old decisions, and by the desire to
be consistent, even in mistakes. They pass upon the acts and words of
others, and like other people, they are liable to make mistakes. In
the olden time we took what the doctors gave us, we believed what the
preachers said; and accepted, without question, the judgments of the
highest court. Now it is different. We ask the doctor what the medicine
is, and what effect he expects it to produce. We cross-examine the
minister, and we criticise the decision of the Chief-Justice. We do
this, because we have found that some doctors do not kill, that some
ministers are quite reasonable, and that some judges know something
about law. In this country, the people are the sovereigns. All
officers--including judges--are simply their servants, and the sovereign
has always the right to give his opinion as to the action of his agent.
The sovereignty of the people is the rock upon which rests the right of
speech and the freedom of the press.
Unfortunately for us, our fathers adopted the common law of England--a
law poisoned by kingly prerogative--by every form of oppression, by the
spirit of caste, and permeated, saturated, with the political heresy
that the people received their rights, privileges and immunities from
the crown. The thirteen original colonies received their laws, their
forms, their ideas of justice, from the old world. All the judicial,
legislative, and executive springs and sources had been touched and
tainted.
Public-domain text, read in full here on John Shaqi.
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