The Old Order Changeth a View of American Democracy
The Old Order Changeth a View of American Democracy
White William Allen
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And in so far as American convictions are deep rooted, the courts — even our Supreme Court — cannot escape from these convictions, and so ultimately the will of the people prevails. Now all these opinions of the Supreme Court are set down here, not in disrespect for the courts and laws, but to show how laws, written and unwritten, court-made and enacted, follow the dominant thought of the people. The Granger cases, decided in the seventies, reflected the opinions of men just home from war, to w...hom property as such was not so sacred as the rights of men. They had seen Lincoln, without constitutional warrant, take $2, 000, 000, 000 worth of legal property in slaves from the slaveholders because it was morally right. So property as opposed to men didn't impress that generation. Then, as the nation became richer, as the struggle for wealth began to engross the people, the Supreme Court unconsciously colored its opin- 222 THE OLD ORDER CHANGETH ions, and the "protection of the vested rights of property, " became, as announced formally by the United States Court in the Wellman case in the nineties, "the supreme duty of the courts.
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