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Croly, Herbert David, 1869-1930

"The Promise of American Life"

The whole business of American
government is so entangled in a network of legal conditions that a
training in the law is the beet education which an American public man
can receive. The first question asked of any important legislative
project, whether state or Federal, concerns its constitutionality; and
the question of its wisdom is necessarily subordinate to these
fundamental legal considerations. The statesman, who is not a lawyer,
suffers under many disadvantages--not the least of which is the
suspicion wherewith he is regarded by his legal fellow-statesmen. When
they talk about a government by law, they really mean a government by
lawyers; and they are by way of believing that government by anybody but
lawyers is really unsafe.
The Constitution bestowed upon the American lawyer a constructive
political function; and this function has been confirmed and even
enlarged by American political custom and practice. The work of finally
interpreting the Federal Constitution has rarely been either conceived
or executed in a merely negative spirit.


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