1214. (1-20-2011) The courts are not perfect, nor are the judges. The Congress is not perfect, nor are Senators and Representatives. The Executive is not perfect. These branches of government and the offices under them are filled by human beings who for the most part strive to live up to the dignity and idealism of a system that was designed to achieve the greatest possible measure of justice and freedom for all the people. We shall destroy the system when we reduce it to the imperfect standards of the men who operate it. We shall strengthen it and ourselves, we shall make justice and liberty for all men more certain when, by patience and self-restraint, we maintain it on the high plane on which it was conceived. Inconvenience and even delay in the enactment of legislation is not a heavy price to pay for our system. Constitutional democracy moves forward with certainty rather than with speed. The safety and the permanence of the progressive march of our civilization are far more important to us and to those who are to come after us than the enactment now of any particular law. The Constitution of the United States provides ample opportunity for the expression of the popular will to bring about such reforms and changes as the people may deem essential to their present and future welfare. It is the people’s charter of the powers granted those who govern them.
- Reorganization of the Federal Judiciary: Adverse Report from the [Senate] Committee on the Judiciary Summited to Accompany S. 1392 (75th Cong., 1st Sess., Senate Report. No. 711, June 7, 1937)
1216. (1-21-2011) (Consider Liberty and Freedom on the European Continent vs. in England or in America.)ATJ In most countries of the European Continent, two hundred years of absolute government had, by the middle of the eighteenth century (1700s)ATJ, destroyed the traditions of liberty. Though some of the earlier conceptions had been handed on and developed by the theorists of the law of nature, the main impetus for a revival came from across the channel (in England with [classical] liberalism – equates to conservatism – and those great thinkers). But, as the new movement grew, it encountered a situation different from that which existed in America at the time or which had existed in England a hundred years earlier (think 1600s and Magna Carta)ATJ. This new factor was the powerful centralized administrative machinery which absolutism had built, a body of professional administrators who had become the main rules of the people. This bureaucracy concerned itself much more with the welfare and the needs of the people than the limited government of the Anglo-Saxon world either could or was expected to do. Thus, at an early stage of their movement, the Continental liberals had to face problems which in England and in the United States appeared only much later and so gradually that there was little occasion for systematic discussion. (creeping socialism)ATJ
- Friedrich A. Hayek – The Constitution of Liberty, 1960