Unpopular government in the United StatesKales, Albert Martin
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Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
It is the effect of the recall under normal circumstances, when no
revolt against extra-legal government is in progress, that must
principally concern us. At such times the recall is more valuable to
the extra-legal government than it is to the electorate at large.
The recall is as available to the extra-legal government as it is to
the electorate at large. In fact, the extra-legal government must of
necessity become familiar with its use. Every officer of the dummy
legal government must, therefore, at all times act with the knowledge
that the extra-legal government may start a recall election against
him. Imagine what this means to the host of subordinate officers that
were put in apparently by the electorate, but of whom the electorate
never had any knowledge whatever. They have no popular following.
They have no money with which to advise and instruct the voters of
the character of the fight that is being made against them. What
possible chance would such officeholders stand against the permanent
organization of advisers and directors to the ignorant voter which the
extra-legal government controls? The recall under normal, everyday
conditions would place the majority of officeholders even more
completely in the control of the extra-legal government than they are
now.
The recall, if applied to the judiciary, would in usual and normal
times operate to give the extra-legal government the same power over
the judges that it would have over other officeholders.[8] A judge
is one of the most helpless of all elective officers. He can run
on no platform; he can have no political program. He cannot point
dramatically to any achievements on behalf of the people. Whether
he is a good judge or not is a matter of expert opinion that only a
comparatively few persons are competent to pass upon. His reputation
can be easily blasted by the circulation of false statements. He may
even be hurt by the performance of his duty in a particular case. His
retention in office at elections is in a great number of instances
purely a matter of accident. If he is up at a fall presidential
election, his retention in office will practically depend upon the
success of the national party in whose column his name happens to be.
It will make little difference whether he has been one of the best
judges that the county or state has ever had, or one of the worst.
Elections place the judge very largely at the mercy of the extra-legal
government. That government may not be able to return him to office,
but the judge knows that without its support his re-election will
become practically impossible. To give the extra-legal government the
opportunity to use the recall upon a judge is to hold above the judge’s
head at all times the threat of an extra election which he is in no
wise prepared to undergo. Nothing could more clearly increase the power
of the extra-legal government over the judiciary. If the recall of
judges be advocated on the ground that they have become subservient to
Public-domain text, read in full here on John Shaqi.
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