Nor, so far as our national system is concerned has there yet appeared any

reason to suppose that suitable laws to meet the new conditions cannot be

enacted without either overriding or amending the constitution. The liberty

of contract and the right of private property which are protected by the

limitations of the constitution are held subject to the police power of

government to pass and enforce laws for the protection of the public

health, public morals, and public safety. The scope and character of the

regulations required to accomplish these objects vary as the conditions

of life in the country vary. Many interferences with contract and with

property which would have been unjustifiable a century ago are demanded by

the conditions which exist now and are permissible without violating any

constitutional limitation. What will promote these objects the legislative

power decides with large discretion, and the courts have no authority to

review the exercise of that discretion. It is only when laws are passed

under color of the police power and having no real or substantial relation

to the purposes for which the power exists, that the courts can refuse to

give them effect. By a multitude of judicial decisions in recent years our

courts have sustained the exercise of this vast and progressive power

in dealing with the new conditions of life under a great variety of

circumstances. The principal difficulty in sustaining the exercise of the

power has been caused ordinarily by the fact that carelessly or ignorantly

drawn statutes either have failed to exhibit the true relation between the

regulation proposed and the object sought, or have gone farther than the

attainment of the legitimate object justified. A very good illustration

of this is to be found in the Federal Employer's Liability Act which

was carelessly drawn and passed by Congress in 1906 and was declared

unconstitutional by the Supreme Court, but which was carefully drawn and

passed by Congress in 1908 and was declared constitutional by the same

court.

Insistence upon hasty and violent methods rather than orderly and

deliberate methods is really a result of impatience with the slow methods

of true progress in popular government. We should probably make little

progress were there not in every generation some men who, realizing evils,

are eager for reform, impatient of delay, indignant at opposition, and

intolerant of the long, slow processes by which the great body of the

people may consider new proposals in all their relations, weigh their

advantages and disadvantages, discuss their merits, and become educated

either to their acceptance or rejection. Yet that is the method of progress

in which no step, once taken, needs to be retraced; and it is the only way

in which a democracy can avoid destroying its institutions by the impulsive

substitution of novel and attractive but impracticable expedients.

The wisest of all the fathers of the Republic has spoken, not for his

own day alone but for all generations to come after him, in the solemn

admonitions of the Farewell Address. It was to us that Washington spoke

when he said:

"The basis of our political systems is the right of the people to make

and to alter their constitutions of government; but the Constitution

which at any time exists, till changed by an explicit and authentic

act of the whole people, is sacredly obligatory upon all.... Towards

the preservation of your government, and the permanency of your present

happy state, it is requisite, not only that you steadily discountenance

irregular oppositions to its acknowledged authority, but also that you

resist with care the spirit of innovation upon its principles, however

specious the pretexts. One method of assault may be to effect, in the

forms of the Constitution, alterations which will impair the energy of

the system, and thus to undermine what cannot be directly overthrown. In

all the changes to which you may be invited, remember that time and

habit are at least as necessary to fix the true character of governments

as of other human institutions; that experience is the surest standard

by which to test the real tendency of the existing constitution of a

country; that facility in changes, upon the credit of mere hypothesis

and opinion, exposes to perpetual changes, from the endless variety of

hypothesis and opinion."

While, in the nature of things, each generation must assume the task of

adapting the working of its government to new conditions of life as they

arise, it would be the folly of ignorant conceit for any generation to

assume that it can lightly and easily improve upon the work of the founders

in those matters which are, by their nature, of universal application to

the permanent relations of men in civil society.

Religion, the philosophy of morals, the teaching of history, the experience

of every human life, point to the same conclusion--that in the practical

conduct of life the most difficult and the most necessary virtue is

self-restraint. It is the first lesson of childhood; it is the quality for

which great monarchs are most highly praised; the man who has it not is

feared and shunned; it is needed most where power is greatest; it is needed

more by men acting in a mass than by individuals, because men in the mass

are more irresponsible and difficult of control than individuals. The

makers of our constitution, wise and earnest students of history and

of life, discerned the great truth that self-restraint is the supreme

necessity and the supreme virtue of a democracy. The people of the United

States have exercised that virtue by the establishment of rules of right

action in what we call the limitations of the constitution, and until

this day they have rigidly observed those rules. The general judgment of

students of government is that the success and permanency of the American

system of government are due to the establishment and observance of

such general rules of conduct. Let us change and adapt our laws as the

shifting-conditions of the times require, but let us never abandon or

weaken this fundamental and essential characteristic of our ordered

liberty.

Experiments in Government and the Essentials of the Constitution · 第 3 / 3 段