[The Promise Of American Life by Herbert David Croly]@TWC D-Link book
The Promise Of American Life

CHAPTER V
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In its original form, and to a certain extent in its present form, the Constitution was in many respects an ambiguous document which might have been interpreted along several different lines; and the Supreme Court in its official expositions has been influenced by other than strictly legal and verbal reasons--by considerations of public welfare or by general political ideas.

But such constructive interpretations have been most cautiously and discreetly admitted.

In proclaiming them, the Supreme Court has usually represented a substantial consensus of the better legal opinion of the time; and constructions of this kind are accepted and confirmed only when any particular decision is the expression of some permanent advance or achievement in political thinking by the American lawyer.

It becomes consequently of the utmost importance that American lawyers should really represent the current of national political opinion.

The Supreme Court has been, on the whole, one of the great successes of the American political system, because the lawyers, whom it represented, were themselves representative of the ideas and interests of the bulk of their fellow-countrymen; and if for any reason they become less representative, a dangerous division would be created between the body of American public opinion and its official and final legal expositors.
If the lawyers have any reason to misinterpret a serious political problem, the difficulty of dealing therewith is much increased, because in addition to the ordinary risks of political therapeutics there will be added that of a false diagnosis by the family doctor.


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