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Croly, Herbert David, 1869-1930

"The Promise of American Life"

But the people responsible for the government of
European countries have rarely been trained lawyers, whereas American
statesmen, untrained in the law, are palpable exceptions. This dominion
of lawyers is so defiant of precedent that it must be due to certain
novel and peremptory American conditions.
The American would claim, of course, that the unprecedented prominence
of the lawyer in American politics is to be explained on the ground that
the American government is a government by law. The lawyer is
necessarily of subordinate importance in any political system tending
towards absolutism. He is even of subordinate importance in a liberal
system such as that of Great Britain, where Crown and Parliament, acting
together, have the power to enact any desired legislation. The Federal
Constitution, on the other hand, by establishing the Supreme Court as
the interpreter of the Fundamental Law, and as a separate and
independent department of the government, really made the American
lawyer responsible for the future of the country.


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