The Bemidji daily pioneer., 1912-03-09
amendments.
Quotes from Daniel Webster.

amendments.
Quotes from Daniel Webster.
/ cannot state the necessity TO,
maintaining the checks and balances
in constitution to secure the guar
anty of individual rights and we'll or.
dered liberty better than by quoting
from Daniel Webster. He said:
The first object OF free people j.
the preservation, if only to be pre-
served by maintaining constitutions
restraints and just divisions of polit
ical power. Nothing is more decer
tive or more dangerous that the pre-
tense OF desire to simplify govern
ment. The simplest governments are
. despotism, the next simplest limited
monarcEies. but all republics. all gov
ernments of law, must impose numer
GUS limitations and qualifications o.
authority and give many positive and
many qualified rights In other words
they must be subject to rule and reg
ulation. This is the very essence OF
free political institutions. The spirit
of liberty is indeed a bold and fear.
less spirit, hut it is also sharp-sieht
ed spirit. IT is cautious, sagacious
discriminating, far-seeing intelligence
It is jealous of encroachment, jealous
of power, jealous of man. 1t demands
checks. 1t seeks for gourds. It in
sists on securities. It entereth itself
behind strong defenses and fortifies
itself with all possible care against
the assaults and ambition of passion
It does not trust the amiable weak.
nesses of human nature, and there:
fore it will not permit power to over.
step it's prescribed limits though be.
nevolence, coed intent and patriotic
purposes come along with it. Neither,
does it satisfy itself with flashily and
temporary resistance to illegal auth:
ority. Far otherwise. It seeks fo,
duration and permanence. It looks
before and after, and, building on the
experience of ages which are past, il
labors diligently for the benefit Of
ages to come. This is the nature o.
constitutional liberty, and this is cm
liberty, if we will rightly understand
and preserve it,
Every free government is necessar
fly complicated because all such GOV,
ernments establish restraints as well
on the power of government itself as
on that of individuals. If we will abo'
ish the distinction of branches anG
have but one branch, if we will ab01
fsh jury trials and leave it all to the
Judge, if we will then ordain that the
legislator himself be that Judge, ,an6
If we will place the executive powe,
In the same hands, We may readily sim
plffy government. We may easily
bring it to the simplest of all possible
forms-a pure despotism, but sepa.
ration of departments so far as prac.
tfcal and the preservation of.cleal
lines of division between them is the
fundamental idea in, the creation OF
all our constitutions, and doubtless
the continuance Of regulated liberty
depends, on maintaining those boun:
dhries"
Three Branches Of Government.
These checks and balances, as has
been pointed out, include the division
of the governme ent into three independ.
ent branches. the legislative, execu.
tive, and the judiciary and the provi.
sions by which usurpation by one Of
the functions of another is forbidden.
The executive, while he is bound to
act in behalf of all the people and to
regard their rights, is properly inflll-
enced by that discretionary policy
which he was elected by constituents
to carry out. In that sense. he rep.
resents the majority Of the electorate
So to, the legislative members elected
to uphold certain governmental view
Of the majority, will properly favor
the embodiment of such views in valid
legislation. But the judiciary are not
representatives in any such sense,
whether appointed or elected. The
moment they assume their duties they
must enforce the law as they find it.
They must not only interpret and en-
force valid enactments of the legis.
4dIuIc dCCOAuluS " It's luLcHliOl, IUut
when the legislature in its enactments
has transgressed the limitations set
upon it's power in the constitution.
the judicial branch of the government
must enforce the fundamental and
higher law by annulling and declaring
invalid the offending legislative en-.
aetments. Then the judges are to de-
eide between individuals on principles
of right and Justice The great body
Of law is unwritten, determined by
precedent and founded on eternal
principles of right and morality. This
the courts have to declare and enforce.
l2A As between the individual and the
state, as between the majority and the
minority, as between the powerful and
the weak, financially, socially, polite
ally, court must hold an even hand