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Norton, Thomas James LOSING LIBERTY JUDICIALLY - Prohibitory and Kindred Laws Examined
New York Macmillan Company 1928 First Edition; First Printing Red Cloth Very Good+
8vo ; xiv, (2), 252 pages; Clean and tight in the original brown cloth binding with gilt lettering at spine, boards ruled in blind. Blurb from dustjacket tipped in to front pastedown endpaper. From the Preface: The question respecting prohibitory laws is whether, in the performing of a duty to the class who need the protection of Government, the Liberty of those who do not need that aid, and whose conduct never contributed to the conditions which prohibition was instituted to cure, can be frittered away by judicial decisions or openly destroyed by legislative action.A second question, really the more important of the two, is this: To what lengths of interference with Liberty and Property will Government go in following the precedents already set? For, as Tacitus saw it nearly nineteen centuries ago, and as it has remained and will remain, "That which is now supported by examples, growing old, will become an example itself."These two subjects, neither of which has hitherto received adequate consideration apart from theories of fatherhood and motherhood in Government, will be treated, not as abstractions, but as questions plainly answerable from living law. It will be seen that judicial decisions are too often concerned with moral philosophy to the relative disregard of those constitutional principles which were intended to control mischievous Power. The Constitution of the United States is a harness on Power; and, when it comes to a discussion of its proper application, its holding purposes, and not Government as a giver of gifts, should receive prime consideration. At the time the Constitution was written mischievous and destructive Power never had been controlled. The question then was, and yet remains: Can Power be controlled? The framers of the Constitution believed that in establishing an independent Judicial Department to pass upon the constitutionality of the acts of Power they had solved the problem.
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24.94 USD
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