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
Someone would propose that a majority should rule. If I were present, I
would promptly suggest that the rights of majorities always have been,
and always will be, secure. Minorities, not majorities, need
protection. I would ask what protection is to be given me, or anyone
who may prove an undesirable citizen. Will we be thrown into jail and
kept there indefinitely, without trial and without knowing the cause of
our incarceration? Such wrongs were common for centuries and are
perpetrated by bolshevists, and defended by socialists today. Very
likely the assembly would then promise a speedy trial, with right to
summon witnesses, and to be confronted by one’s accusers, and other
safeguards of liberty such as are now guaranteed in the Constitution of
the United States, and that of every state.
But this would not satisfy me. I would ask “How do I know that this
promise will be kept?” Then, doubtless, the right to a writ of _habeas
corpus_ would be promised. And this would not satisfy me. I would ask:
“By whom will it be issued, and by whom enforced?” Before we were
through, it is quite probable we would create a tribunal, clothe it
with greatest dignity, segregate it from the affairs of business and
safeguard it against political influence, and for want of a better
name, we would call it “The Supreme Court of the Island.” This court
would be clothed with authority to grant and enforce not only writs of
_habeas corpus_ but any and all other orders and decrees and judgments
necessary to protect the minority, even though a minority of one, in
his every constitutional right.
TREASON AS AN ILLUSTRATION
Treason is the only crime defined in the Constitution. Prior to the
year 1352 there was great uncertainty in England as to what constituted
treason, and Parliament, for the purpose of restraining the power of
the Crown to oppress the subject by arbitrary construction, passed, in
that year, what is commonly known as the “Statute of Treason.” All acts
that might be construed treasonable were classified under seven
branches. The framers of the Constitution, desiring to protect the
minority, chose only one of the seven and placed a perpetual bar
against any other act being made treason, and further safeguarded the
minority by defining the only basis of conviction. Section 3, Article
III, is as follows:
“Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and
comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.”
Public-domain text, read in full here on John Shaqi.
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