Milford chronicle., 1937-10-15

I AANo ANo NAPA SooAOh 81 ths
emotion and pride of patriotism ant
has caused men to look not to an In
diyidual ruler but to strong state!
with good laws as the foundation Of
the protection of property and the
security of individual liberty under
the rule of law
The wide gap that separated the
Individual from his government, the
great discrepancy between his politi-
cal wants and his means for salts
flying them and his passion to make
real his aspirations, caused him to
think of his rights as man; and thus
was ushered In the age of reason.
The idea of natural rights was as
explosive In the sphere of politics as
dynamite in the physical world. II
overturned states and beheaded
kings, 1t revolutionized social struc-
lures and destroyed their group con-
trol, and II founded new nation on
the inhospitable shores of a new
continent
Reason applied to revolutionary
individual freedom evolved the
Great Charter, the Bill of Rights, the
Act of Settlement, the Petition OF
Right and the Habeas Corpus Act.
These great compacts of human
rights wrung from unwilling kings
and granted by reluctant Parlia-
ments, are the sources of English
and American constitutional law
! and are mans most priceless herit-
ages. They are the foundations on
which the structure of representa-
tive democracy is builded under a
! fundamental law which promulgates
the liberties of man and ordains the
form of government which protects
and perpetuates his rights.
The form of this fundamental law
may be either written or unwritten
but its basal purpose is the perpetu-
alton of individual freedom by the
control of arbitrary power. whether
of an individual or group of individ-
uals or a majority Of a group. A
constitution is then neither the
source nor cause of individual liber-
ty. II is rather the consequence OF
the freedom of the individual, the
liberty of a people and the creation
of.fhelr sovereign power. The people
asserted their Individual rights and
conserved their political freedom by
and through the limitations which
are imposed by the people on the
powers which they delegated to their
government.
The genius of the convention
which formulated the Constitution OF
the United States is best illustrated
by the manner in which the oppos-
ing forces of GENERALIZATION and de-
Capitalization were balanced and It's
wisdom is demonstrated by the man
ner in which the Safeguarding
rule of an arbitrary majority is re-
strained by the limitations imposed
on the power of the temporary rep
resentatives of the people. The re-
suit is that ours is dual govern
ME INT, an "indissoluble union OF in
destructible states" wherein the ma
jority prevails not as its will but as
that of the whole people, with full
protection to all minorities by ade-
quate checks ON the passions or In
terests of overbearing majorities.
Our Federal Constitution is then
the supreme law of the land, ordain-
ed by will of the people for two fun
damental purposes. ID The promul-
cation and conservation of natural
rights essential to individual free
dom and the protection of minori-
ties; and (2) the establishment of a
form of government for the mainte-
nance of order and the perpetuation
of mans rights to life and liberty
and to property and equality before
and under law. The Federal Con-
stitution vitalizes these purposes |
by the creation of political machin-
cry of the national government |
which operates in harmony with the |
of the several states on |
the broad principle that the former !
Is supreme in all foreign and do |
mestic relations that touch all the |
people, while each state is supreme |
OH all local matters. This result is
achieved under the Constitution by
explicit grants from the states to the
nation and of express reservations
Of all powers not specifically granted
by the states.
Three grants of power to the ma
ion, symbolized by purse, sword
md wheel, give to 1t dominion over
he states and the people and the ex-
)ress prohibitions on the power OF
Congress save to the states and the
Deople local self-government.
The basal political philosophy of
,ur constitutional government is
hat of limitations on power to the
nd of protecting minorities not only
# a numerous group or of a sepa-
ate state but Of its lowliest citizen
gainst the tyranny and self-interest
4 a ruthless majority and against
he usurpations of the peoples rep
in temporary power. 1t
J obvious that no government can
xist or order long endure unless
,inorities are shielded from major
" aggression, for a majority to-
borrow may suffer the reprisals Of
heir minority victims of yesterday
nd in final analysis the ultimate
linority is the sanctity of individual {
quality.
II Is then a fundamental constitu-
onal fact that the United States of {
merica is not a pure democracy I
ut is a government of. by and c
trough the representatives of the s
sople. The Legislators. Federal or