Tom Watson's Magazine, Vol. I, No. 4, June 1905Various
General
Tom Watson's Magazine, Vol. I, No. 4, June 1905
Various
United States -- Politics and government -- Periodicals
In order to change the character of the government at Athens from an
aristocracy to a democracy Solon gave the people control of the courts,
which _exercised the supreme power over laws and men_. Aristotle says
that by this method the people established a democracy where there had
previously been an aristocracy. The aristocrat controlled the lawmaking
power, but as the people controlled the judiciary a pure democracy
resulted.
Alexander Hamilton used the same device _for the opposite purpose_.
He took away from the people and put into the hands of the aristocracy
_the supreme control over our laws and rulers_, and our judiciary,
thus controlled, has changed the United States, which under the old
Confederation was a democracy, into an aristocracy.
It will require a Constitutional amendment to drive the usurpers from the
high place in which they are entrenched, but such an amendment cannot
possibly be passed through the _Upper House of Congress_ and through
the _Upper Houses of three-fourths of the states_ until a tremendous
revolution shall have taken place in public sentiment.
If we should attempt to curtail the powers of the Federal Judges by
Constitutional amendment we should surely find “Jordan a hard road to
travel.” Most of us would be dead and forgotten before the purpose could
be reached by that route.
What, then, can be done?
_The swiftest remedy for the evil lies in the election of a President who
will_ ASSERT HIS EXECUTIVE AUTHORITY.
The very essence of our system of government is the _Balance of Power_.
The Legislative function should not encroach upon the Judicial; the
Executive should not invade the Legislative, and the Judicial should not
usurp prerogatives belonging to the other two.
_Inherent in each of these three departments of government lies the power
of self-defense._
Just as the Government, as a whole, has the inherent, inalienable right
of self-preservation against external or internal attack, so each of the
three separate departments of the Government has the inherent right of
self-preservation as against an attack from either one or both of the
other two.
When John Marshall made the attempt to encroach upon the Executive,
during the administration of Mr. Jefferson, the President treated the
Court with contempt, and the Court was powerless to go forward. When the
same partisan Judge made a decision against the state of Georgia, which
President Andrew Jackson considered unjust, the Executive refused to
support the Judiciary, and the decision came to naught.
When Chief-Justice Taney, during President Lincoln’s administration,
encroached, as the President thought, upon the Executive, the Judiciary
again came to grief.
_Had Mr. Cleveland been at heart in favor of the Income tax of 1893, the
Supreme Court would never have dared to pronounce against it._
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account