Page:Is Capital Income, Earle, 1921.djvu/3

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Preface


"In this consists freedom, viz., in our being able to act or not to act as we shall choose or will."

Locke, H. U. II, XXIX, 27.

Full inquiry, it is believed, will prove that, had it not been for the constant and faithful vigil that the Supreme Court has maintained, in the performance of its highest function—the preservation of our Liberty—the United States during the past decade would have become, at least economically, as communistic as Russia itself, with all the accompanying evils involved.

Nothing could be more unfortunate than the growing tendency of the Government during that period to meet every difficulty, no matter how temporary or self-remedying, by legislation, which, if sustained, would nullify permanently the most vital of those Constitutional rights, of which the Supreme Court continues the ever faithful and sworn defender.

It would serve no purpose to discuss at this point the multiplicity of instances proving this assertion. It is sufficient for the present to point out that on a single recent day, Articles IV, V and VI of the Constitutional Amendments would have been in great part nullified, but for the Court's faithful and patriotic performance of its duty. And this blow at our freedom would have met the approval of ignorant critics who happily have not failed to have their absurdities exposed. A leading and most able journal recently said: "What is unfortunate is that ignorant, thoughtless, reckless lawmakers rode at a hard gallop through the Constitution of the United States, so incapable of doing what needed to be done, so heedless