If a Socialist administration of government be possible as a permanent
institution (which I doubt) it would be impossible under the
conditions demanded by this platform, because no man's life or
property (if any individual property be permitted) would be safe under
it. For instance, the legislative power is to be vested in a Congress
and legislatures composed of one chamber only, subject to no veto and
controlled by no constitution, for the courts are to be forbidden to
question the constitutionality of laws. This would make the
legislature all-powerful, but the fact that no one branch of the
government is all-powerful is an important guarantee of our present
liberties. Worse than this, although the experience of ages has shown
that the greatest safeguard of liberty is the administration of law by
an independent and fearless judiciary--that is, by judges who cannot
be dismissed except for official wrongdoing, and who therefore are not
merely free to do right in every case, but have the strongest
incentives to do so--yet the platform proposes to destroy judicial
tenure during good behavior wherever it exists, and to cause all
judges to be elected for short terms. If you ask any man of
intelligence, who wants only justice, whether he would feel more sure
of a just decision in a United States Court before a judge holding
office during good behavior, or in a State Court, before a judge
elected by the voters of a political party for a short term only, I am
confident that he would express much greater confidence in the former.
The Socialist platform asserts that the "capitalist class" controls
the judiciary. This broad assertion is ridiculously false. What is
true is that the judiciary is not composed of Socialists, that the
judges are as yet unwilling to disregard the law, and to decide in
accordance with the wishes of Socialists. If, however, the "capitalist
class" sought to control the judiciary, it could do so much more
easily in the case of judges elected for short terms than in that of
judges holding office during good behavior. Evidently the Socialists
want a chance to "control" the judiciary themselves, whereas what the
country needs is a judiciary uncontrolled by any class, capitalist or
Socialist.
The platform declares for collective ownership of all railroads,
telegraph and telephone lines, etc. The word "confiscation" is
avoided, but confiscation must be intended, for surely the Socialists
do not wish to enrich the "capitalist class" by buying out their
interests in public service corporations at a fair valuation.
Public-domain text, read in full here on John Shaqi.
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