Address to the Law Class at the University of North Carolina, 31 January, 1919 (Classic Reprint)
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Excerpt from Address to the Law Class at the University of North Carolina, 31 January, 1919 But sooner or later the routine is too powerful for most. The habit of consulting precedents and yielding obedience to the thoughts of dead men as embodied in the decisions of the priests and laymen, who as judges created the "common law," is too strong, and the habit of delay and postponement becomes a part of their existence. After they enter the profession some undergo the same metamorphosis as the sisters of Phæthon or Daphne, so vividly described by Ovid, and become rooted in the debris of the past and immobile; but, unlike Daphne, they are not changed into laurel. The Executive and Judicial Veto The President of Harvard College in a recent work truthfully declared that in this country public opinion and the will of the people are slower in gaining control than any other country in the world. This may seem strange to yon, but the fact is that our Constitution is now the oldest upon the planet. In this country almost alone the Executive still has a veto, which was given lest the Senate and House might not prove safe and sane. In all the States of this Union, except North Carolina, the State constitution has put the same bridle in the hands of the Governor. In England, the formality of the sovereign "approving" the acts of Parliament is retained, but it is only a formality, for no executive in that country since 1707 has dared to veto an act of Parliament. In the other constitutions of the world, with few if any exceptions, the executive or sovereign is denied any veto upon the expression of the will of the people through its lawmaking body. In this country we have gone further by allowing also the assumption by the other coordinate department of the government, the judicial, of the power to veto the action of the representatives chosen by the people to formulate their will into law. This power is not conferred by any provision in the Constitution of the United States or of any State, and it is utterly unknown in the history of all other countries. The U. S. Supreme Court took this power to itself in Marbury v. Madison in 1803, and all the State Supreme courts have followed suit. At Rome, the privileged classes when afraid to directly oppose measures in the popular interest had resort to the system of Augurs. When an assembly was about to be held in the Campus Martius at which the vote was likely to be hostile, these augurs, always selected by the patricians, would adjourn the meeting upon the ground that the augurs declared it was not an "auspicious" day, or that the sacred chickens kept by the priests were off their feed, or the entrails of the sacrificial victim showed that it was unsafe to proceed, or that the flight of birds betokened danger, or some other similar device was resorted to. Cicero said that he did not see how an augur could pass another without laughing in his face. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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