Not only has constant
judicial interference dislocated scientific legislation, but casting the
judiciary into the vortex of civil faction has degraded it in the
popular esteem. In fine, from the outset, the American bench, because it
deals with the most fiercely contested of political issues, has been an
instrument necessary to political success. Consequently, political
parties have striven to control it, and therefore the bench has always
had an avowed partisan bias. This avowed political or social bias has, I
infer, bred among the American people the conviction that justice is not
administered indifferently to all men, wherefore the bench is not
respected with us as, for instance, it is in Great Britain, where law
and politics are sundered. Nor has the dissatisfaction engendered by
these causes been concealed. On the contrary, it has found expression
through a series of famous popular leaders from Thomas Jefferson to
Theodore Roosevelt.
The Constitution could hardly have been adopted or the government
organized but for the personal influence of Washington, whose power lay
in his genius for dealing with men.
Pages:
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59