Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-03-21
Roosevelt in Defense of
Right of People to Rule

Tie dlSo says that my proposal 1
(which, as he rightly sees, is merely !
a proposal to give the people a real, |
instead OF only nominal, chance to
construe and amend a state consti- /
tuition with a reasonable rapidity) |
would make such amendment and in
depreciation depend on the feverish,
uncertain and unstable determination
OF successive votes on different laws
by temporary and changing MAORI
ties; and that 1t lays the AK at the
foot OF the tree of well-ordered free
dom, and subjects the guarantees of
life, liberty anu property without
remedy to the fitful impulse of tenn
l'orary majority of an electorate.
This criticism is really less a crit
icism of my proposal than a criticism
of all popular government. 1t is
wholly unfounded on the belief that
the people are fundamentally I'M
trustworthy. If the supreme courts
definition of due process in relation
20 the police power is sound, then
an act of the legislature to promote
the collective interests of the COM
munity must be valid, if it embodies
a policy held by the prevailing mo-
rality or a preponderant opinion to
be necessary to the public welfare.
This is the question that l propose
to submit to the people. How can
the prevailing morality or a prepon-
derant opinion be better and more
exactly ascertained than by vote of
the people.
Mr.. Taft fairly defines the issue
when he says that our government is
and should be a government of all
the people by a representative part
of the people. This is an excellent
and moderate description of an oil
garchy. 1t defines our government
as a government of all of the people
by few of the people,
| Mr.. Taft, said Colonel Roosevelt,
declared that the judiciary ought not
to be representative of the people
in the sense that the legislature and
the executive are. This" Colonel
Roosevelt asserted, lis perfectly
true of the judge when he is per-
forming merely the ordinary func-
! lions of judge in suits between man
J and man. 1t is not true of the judge
engaged in interpreting, for instance,
| the due process clause-where the
! judge is ascertaining the preponder-
ant opinion of the people (as Judge
; Holmes states it,. When he exer-
cises that function he has no right to
let his political philosophy reverse
and thwart the will of the majority.
[ Mr.. Taft again and again, in quo
: tations l have given and elsewhere
, through his speech expresses his dis
! belief in the people when they vote
= at the polls. In one sentence he says
f that the proposition gives powerful
effect to the momentary impulse of
= a majority of an electorate and pre-
s pares the way for the possible exer-
] else of the grossest tyranny Else
4 where he speaks of the feVerish I'M
e certainty and unstable determine
e ton of laws by temporary and
y changing majorities;' and again he
: says that the system l propose would
n result in suspension or application OF
t constitutional guarantee according tc
/ popular whim' which would destroy
t all possible consistency in constitu
: tional Interpretation. l should much
Y like to know the exact distinction
n that is to be made between what Mr.
h Taft calls the fitful impulse of {
: temporary majority when applied tC
d a question such as that l raise anC
e any other question.
It Mr.. Taft's position is perfect!
5, clear. 1t is that we have in thi
e country a special class of persons
wiser than the people, who are abov'
l. the people, who cannot be reached
e by the people, but who govern then
y and ought to govern them; and Wit
d protect various classes of the PEG
lie pie from the whole people,"
r Colonel Roosevelt quoted the re
y marks of William Draper Lewis
r dean of the law school of the Univer
sity of Pennsylvania, who approve
re Mr.. Roosevelt's plan of a popula
a. recall of judicial decisions regard
lie ing constitutional amendments, blu
I'd declared it unfortunate that the pla
a. should have been proposed by a ma
I'd of such marked characteristics" a
Colonel Roosevelt, whose personality
ry he said, might cloud the issue. T
* this Colonel Roosevelt replied:
es 81 can only say that l wish some
n body else whose suggestions woul
it arouse less antagonism had propose
is it; but nobody else did propose +
and so / had to. i am not leadin
by this fight as matter of aestheti
Ill pleasure. am leading becaus
OF somebody must lead, or else the figt
would not be made at all.
r 81 prefer to work with moderate
with rational, conservatives, proviC
lg ed only that they do in good fait
TT strive forward towards the light. BJ
d. when they halt and turn their back
to the light, and sit with the SCOTT
lg ers on the seats of reaction, then
ry must part company with them. w,
en- the people, cannot turn back. Gu
aim must be steady, wise progress.
Will Vote on Bonds.