number of their fellow-citizens.
The peace, the prosperity, and the very existence of the Union
are vested in the hands of the seven judges. Without their active
co-operation the Constitution would be a dead letter: the Executive
appeals to them for assistance against the encroachments of the
legislative powers; the Legislature demands their protection from the
designs of the Executive; they defend the Union from the disobedience
of the States, the States from the exaggerated claims of the Union,
the public interest against the interests of private citizens, and
the conservative spirit of order against the fleeting innovations of
democracy. Their power is enormous, but it is clothed in the authority
of public opinion. They are the all-powerful guardians of a people which
respects law, but they would be impotent against popular neglect or
popular contempt. The force of public opinion is the most intractable of
agents, because its exact limits cannot be defined; and it is not less
dangerous to exceed than to remain below the boundary prescribed.
The Federal judges must not only be good citizens, and men possessed of
that information and integrity which are indispensable to magistrates,
but they must be statesmen--politicians, not unread in the signs of the
times, not afraid to brave the obstacles which can be subdued, nor slow
to turn aside such encroaching elements as may threaten the supremacy of
the Union and the obedience which is due to the laws.
The President, who exercises a limited power, may err without causing
great mischief in the State. Congress may decide amiss without
destroying the Union, because the electoral body in which Congress
originates may cause it to retract its decision by changing its members.
But if the Supreme Court is ever composed of imprudent men or bad
citizens, the Union may be plunged into anarchy or civil war.
The real cause of this danger, however, does not lie in the constitution
of the tribunal, but in the very nature of Federal Governments. We
have observed that in confederate peoples it is especially necessary to
consolidate the judicial authority, because in no other nations do those
independent persons who are able to cope with the social body exist in
greater power or in a better condition to resist the physical strength
of the Government. But the more a power requires to be strengthened, the
more extensive and independent it must be made; and the dangers
which its abuse m
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