The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-26
SHALL THE People RULE?

If it is desirable for the people to
rule affairs directly without the in
PREVENTION of representatives, why not
abolish legislatures and congress
which only pass laws to hamper the
people in the exercise of their will?
asks the Leavenworth Post, and it
continues: Laws are but letters
which bind the people. There is no
essential difference between an ordi-
nary statute and a constitution, ex-
cept that in some states, not including
Arizona and Oklahoma, it is more
difficult to change constitution
provision than a statutory enactment
Both are laws, but in most states
constitutions are adopted and amend
ed by a referendum to the people.
Constitutions are, therefore, more
democratic than acts passed by a leg
islature. It follows that in case of
conflict the constitution adopted by
the direct vote of the people should
prevail over an act of the legislature.
In case OF such a conflict who shall
determine which shall prevail? Shall
it be left to the legislature to over
ride the constitution made by the
people, or shall the courts stand be-
tween the legislature and the people?
Roosevelt and his followers seem to
think that constitutions are the work
of some tyrannicaI power, when in
fact they are made by direct vote of
the people, and are for that reason
the supreme law. The acts of the
people control, and ought to control,
the acts of their servants, the legis-
latures.
Under our form of government the
people rule primarily through con-
situations, and secondarily through
their representatives in legislative
bodies. Constitutions and laws are
generally made not to confer rights
on the people, but to restrain them
in the exercise of their will. Long
experience has taught that it is nee
essary for the general welfare that
each of us surrender some of his lib
critics, and submit to the imposition
of certain restrictions upon his free
dom of action, and, further, that it is
highly desirable that these concessions
and restrictions be embodied in fixed
rules of action so that every man may
know the exact limitation or obIiga-
ton which has been placed upon him.
It would be intolerabIe if his rights
and obligations were left underlined,
or were subject to change with every
passing whim of a majority of the
people.
The best and freest government is
that in which the rights and liberties
of the majority are most carefully
protected by law. 1t is under such
governments that all the people most
fully rule.
In his Galesburg speech Roosevelt
said: IF we win we will try to pass
in every state and in the nation laws
that will make life a little easier for
the ordinary man." He was presi-
dent for seven years and half, and
it would be difficult to point to any
law passed through his Influence
which makes life easier for the or
binary man. 1t is with such glitter
ing generalities that he is making his
wav with the people, knowing the inn
Dlicit confidence which many OF US
have in the saving grace of legisia-
tive acts to cure all our ills, and to
speed the millennium. But he studi-
ouslv avoids telling, EXCEPT in the most
vague and general way, what laws he
will have passed to make life easier
for us.
The fact is that laws can do very
little for any of us. With Roosevelt
or without him, the ordinary man
must earn his bread by the sweat of
his brow.