Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
They are readily inclined to believe that specially organized property
interests are attempting to make the laws, or to block the making
of laws in the interests of property and against the interests of
the individual, either singly or in organized groups. Such specially
organized property interests have become liable to persistent and
sometimes vicious and retaliatory attacks by a majority of the
electorate. The fact that this majority is composed of persons who
are, to some extent, holders of property does not prevent them from
thinking in terms of their position as individuals. Thus spectacular
onslaughts by the electorate have been made upon such organized
property interests as railroads, public-service corporations, and
mine-owners. Legislation to promote social justice and in the actual
or pretended exercise of the police power may be in effect an attack
upon some legitimate business. Yet the general object of such acts will
receive an overwhelming popular approval.
Step by step with the development of this antagonism in the state
between specially organized property interests and the individual has
grown the effort of such interests to combine for protection from the
electorate. Naturally they use all the means at their disposal in the
governmental scheme to secure that protection. The governor’s veto,
however, has proved of less and less value, for the governor is so
conspicuous an officer as frequently to be a popular choice. Property
interests have fallen back upon the legislative lobby, an alliance
with the extra-legal government, and the constant urging of the courts
to go farther and farther in the exercise of their veto power over
legislation. The lobby has gained power through the assistance and
sanction of the leaders of the extra-legal government. That government
has been stimulated to the highest efficiency and the greatest
activity by reason of the prizes coming to its leaders as the result
of their alliance and partnership with collectively organized property
interests. As a last resort the courts have again and again been
importuned to veto legislation inimical to specially organized property
interests, and all property interests when attacked at once become
specially organized at the point of attack. These importunities come in
the form of arguments to the court on behalf of property interests that
are unfavorably affected by the legislation in question. Frequently
the act which they complain of has been badly drawn and is really
vicious and unfair in some of its workings, although the main principle
may be sound. This intensifies the appeal of the individual for its
overthrow. Such complaints from the interests affected, together with
the social and economic theories of the judges themselves, and no doubt
in some cases, the direct influence of the extra-legal government,
have been pressed upon the judges in an effort to cause them to
abandon the academic, theoretical, and bloodless function which was
Public-domain text, read in full here on John Shaqi.
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