Vanishing Landmarks: The Trend Toward BolshevismShaw, Leslie M. (Leslie Mortier)
Philosophy
Vanishing Landmarks: The Trend Toward Bolshevism
Shaw, Leslie M. (Leslie Mortier)
United States -- Politics and government; United States -- Social conditions
I want to ask whether, in your opinion, the ship of state—the
government of the United States—is any less complicated, any less
complex or any less likely to “sub” and stay “subbed,” exactly as each
and every republic for twenty-five hundred years did “sub”—if placed
in the hands of an inexperienced mass of experimenters in statecraft.
Think this out for yourself. This is your government quite as much as
mine, and it will be your government long after the conservative “Old
Guard” have left the field of human activities.
CHAPTER VI
TREND OF THE TIMES
A consideration of the constitutional guarantee that each state
shall have a republican form of government, and the warning of
Washington against making changes in the constitution.
Both the trend of thought and the current of events are away from
representative government and toward direct government.
Legislating by initiative or by referendum, the recall of judges, and
especially the recall of judicial decisions, come dangerously near
constituting a democratic form of government, against which the
Constitution of the United States guarantees. Its language you
remember: “The United States shall guarantee to every state in this
Union a republican form of government.”
Chief Justice Taney, interpreting this section, said: “It rests with
Congress to decide what government is the established one in a state,
for, as the United States guarantees to each state a republican form of
government, Congress must necessarily decide what government is
established in the state before it can determine whether it is
republican or not.”[1]
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Footnote 1:
Luther vs. Borden, 7 Howard 1.
Chief Justice Waite used the following language, the vital sentence of
which I have italicized: “All the states had governments when the
Constitution was adopted. In all, the people participated, to some
extent, _through their representatives selected in the manner specially
provided_. These governments the Constitution did not change. They were
accepted precisely as they were and it is therefore to be presumed that
they were such as it is the duty of the states to provide. Thus, we
have unmistakable evidence of what was republican in form within the
meaning of that term as employed in the Constitution.”[2]
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Footnote 2:
Minar vs. Happersatt, 21 Wall 112.
It is well to note that this participation in their government, which
the learned Chief Justice mentions, was “_through their
representatives_,” and in no other way.
Public-domain text, read in full here on John Shaqi.
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