|
The excerpt represents the core issue or deciding factor on which you must meditate, and is drawn from Democracy In America, Volume 1 by Alexis de Toqueville: appreciable fact which serves as the basis of a prosecution.
I am inclined to believe this practice of the American
courts to be at once the most favorable to liberty as well as to
public order. If the judge could only attack the legislator
openly and directly, he would sometimes be afraid to oppose any
resistance to his will; and at other moments party spirit might
encourage him to brave it at every turn. The laws would
consequently be attacked when the power from which they emanate
is weak, and obeyed when it is strong. That is to say, when it
would be useful to respect them they would be contested, and when
it would be easy to convert them into an instrument of oppression
|
