State of the Union Address (1790-2001) eBook

This eBook from the Gutenberg Project consists of approximately 5,523 pages of information about State of the Union Address (1790-2001).

State of the Union Address (1790-2001) eBook

This eBook from the Gutenberg Project consists of approximately 5,523 pages of information about State of the Union Address (1790-2001).

The legislators and executives are chosen to represent the people in enacting and administering the laws.  The judges are not chosen to represent the people in this sense.  Their function is to interpret the laws.  The legislators are responsible for the laws; the judges for the spirit in which they interpret and enforce the laws.  We stand aloof from the reckless agitators who would make the judges mere pliant tools of popular prejudice and passion; and we stand aloof from those equally unwise partisans of reaction and privilege who deny the proposition that, inasmuch as judges are chosen to serve the interests of the whole people, they should strive to find out what those interests are, and, so far as they conscientiously can, should strive to give effect to popular conviction when deliberately and duly expressed by the lawmaking body.  The courts are to be highly commended and staunchly upheld when they set their faces against wrongdoing or tyranny by a majority; but they are to be blamed when they fail to recognize under a government like ours the deliberate judgment of the majority as to a matter of legitimate policy, when duly expressed by the legislature.  Such lawfully expressed and deliberate judgment should be given effect by the courts, save in the extreme and exceptional cases where there has been a clear violation of a constitutional provision.  Anything like frivolity or wantonness in upsetting such clearly taken governmental action is a grave offense against the Republic.  To protest against tyranny, to protect minorities from oppression, to nullify an act committed in a spasm of popular fury, is to render a service to the Republic.  But for the courts to arrogate to themselves functions which properly belong to the legislative bodies is all wrong, and in the end works mischief.  The people should not be permitted to pardon evil and slipshod legislation on the theory that the court will set it right; they should be taught that the right way to get rid of a bad law is to have the legislature repeal it, and not to have the courts by ingenious hair-splitting nullify it.  A law may be unwise and improper; but it should not for these reasons be declared unconstitutional by a strained interpretation, for the result of such action is to take away from the people at large their sense of responsibility and ultimately to destroy their capacity for orderly self restraint and self government.  Under such a popular government as ours, rounded on the theory that in the long run the will of the people is supreme, the ultimate safety of the Nation can only rest in training and guiding the people so that what they will shall be right, and not in devising means to defeat their will by the technicalities of strained construction.

Copyrights
Project Gutenberg
State of the Union Address (1790-2001) from Project Gutenberg. Public domain.