Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
By such devices the second chamber representing property interests as
such will have been given only a properly limited veto power upon
legislation. At the same time, as a second chamber, it will have power
to approve that which passes the popular house and to enter into
compromises respecting it. The second chamber can undertake a popular
defense of its action. These are important privileges. They aid in the
production of laws which are fair to all. On the other hand, the second
chamber is equally clearly cut off from ever gaining any ascendancy
over that branch of the legislature which represents and is sensitive
to the popular will.
We may, however, in the establishment of a second chamber representing
property interests proceed with still greater indirectness and the
utmost caution along a path on which we are already started.
Our highest state judicial tribunal is already possessed of a
substantial veto upon legislation in the interests of property by
reason of its power to declare acts of the legislature void because
they take property “without due process of law.” There are few, if
any, constitutions today in the United States which do not contain
other prohibitions upon the legislature under which acts may be
declared unconstitutional in the interests of property. The courts
have already gone beyond the mere academic function of declaring acts
of the legislature void only when they are utterly irrational and
arbitrary in their discriminatory operation. The courts now boldly
perform the function of protecting property from hasty, ill-advised,
and unjust legislation. Heretofore, at least, public opinion has
sustained the courts in the exercise of this function. The placing
of this power in the hands of judges has insured its exercise by men
who at least are not prejudiced against property and are inclined to
give it a fair hearing. Judges must be selected from among lawyers,
and hence must be men of some education and intellectual attainments.
Since the main business of judges is to decide litigated cases arising
between individuals, there is very naturally a demand that judges be
selected from among the leaders at the bar. This means that there is
a constant and legitimate pressure in favor of the selection of men
who will naturally give property as full protection as the power of
the court will permit. Even lawyers of only fair success and ability
in fifteen or twenty years of practice will acquire the property point
of view. Practically all lawyers live in an atmosphere of enforcement
of property interests. They cannot avoid being educated to see the
unfairness of legislation which affects unfavorably property interests.
It is not improbable that among those who secure seats in the highest
court some will regard themselves as specially appointed to stand
between property and the proletariat, and will do so with great
determination, vigor, and judicial independence. Once selected, the
Public-domain text, read in full here on John Shaqi.
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