A majority held in restraint by constitutional checks and limitations,
and always changing easily with deliberate changes of popular
opinions and sentiments, is the only true sovereign of a free people.
Whoever rejects it does, of necessity, fly to anarchy or to despotism.
Unanimity is impossible; the rule of a minority, as a permanent arrangement,
is wholly inadmissible; so that, rejecting the majority principle,
anarchy or despotism in some form is all that is left.
I do not forget the position, assumed by some, that Constitutional
questions are to be decided by the Supreme Court; nor do I deny
that such decisions must be binding, in any case, upon the parties
to a suit, as to the object of that suit, while they are also entitled
to very high respect and consideration in all parallel cases by all other
departments of the government. And while it is obviously possible that
such decision may be erroneous in any given case, still the evil effect
following it, being limited to that particular case, with the chance that
it may be overruled and never become a precedent for other cases,
can better be borne than could the evils of a different practice.
At the same time, the candid citizen must confess that if the policy
of the government, upon vital questions affecting the whole people,
is to be irrevocably fixed by decisions of the Supreme Court,
the instant they are made, in ordinary litigation between parties
in personal actions, the people will have ceased to be their own rulers,
having to that extent practically resigned their government into the hands
of that eminent tribunal.
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