citizen equal consideration in
legislation by the states.

By the Federal Constitution as it now stands the citizen, in time of
peace at least, is guaranteed, among other matters, the protection of
the writ of habeas corpus; freedom from bills of attainder and ex post
facto legislation; freedom of religious belief and worship; freedom of
thought and its expression; freedom peacefully to assemble with others
and petition for redress of grievances; freedom from unreasonable
searches and seizure; the right not to be prosecuted for infamous
crimes except first accused by a grand jury; the right in all criminal
prosecutions to a speedy and public trial by an impartial jury, to be
confronted with the witnesses against him and to have assistance of
counsel; that he shall not be deprived of life, liberty, or property
without due process of law; that his private property shall not be
taken from him even for public use without just compensation; that the
obligations accruing to him under lawful contracts shall not be
impaired; that he shall not be denied the equal protection of the
laws. The guarantees in the state constitutions are generally of the
same nature.

It is difficult to see how any of these guaranties, or such other
guaranties as may be contained in the federal and state constitutions,
prevent legislative or executive action necessary for the welfare of
the people generally. There is certainly an ample field for such
action without overstepping these boundaries. Nevertheless, it is
today urged by some impulsive persons, eager to impose their theories
on the people at once, that all or many of these limitations upon the
powers of government should be removed or disregarded and the majority
of the people allowed unrestricted sway in all matters of
governmental action. Others who do not go so far, yet urge that the
majority should be free to suspend these guaranties temporarily or in
some particular classes of cases. Against this opinion I submit that
after so many centuries of experience of the tendency of all
governments to enlarge their powers over the subject, and of struggles
to limit the powers of government over private rights and to protect
the individual from governmental oppression, the burden of evidence
and of argument is heavily on those who would now advocate unlimited
powers even for the most democratic government. A government directly
by the people is of course in practice a government by a shifting an