Under any other
conditions it is not only peculiarly liable to abuse, but it deprives
the whole people of that ultimate responsibility for their own welfare,
without which democracy is meaningless. A democracy is or should be
constantly delegating an effective share in this responsibility to its
official leaders, but only on condition that the power and
responsibility delegated is partial and is periodically resumed.
The only Americans who hold important official positions for life are
the judges of the Federal courts. Radical democrats have always
protested against this exception, which, nevertheless, can be permitted
without any infringement of democratic principles. The peculiar position
of the Federal judge is symptomatic of the peculiar importance in the
American system of the Federal Constitution. A senator would be less
likely to be an efficient and public-spirited legislator, in case he
were not obliged at regular intervals to prove title to his distinction.
A justice of the Supreme Court, on the other hand, can the better
perform his special task, provided he has a firm and permanent hold upon
his office.
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