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Book Reviews Vanderbilt Law Review Volume 3 Issue 2 Issue 2 - February 1950 Article 18 2-1950 Book Reviews Joseph C. Hutcheson, Jr. (reviewer) W. Raymond Denny (reviewer) Robert G. Storey (reviewer) W. W. Berry (reviewer) Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Constitutional Law Commons, and the State and Local Government Law Commons Recommended Citation Joseph C. Hutcheson, Jr. (reviewer); W. Raymond Denny (reviewer); Robert G. Storey (reviewer); and W. W. Berry (reviewer), Book Reviews, 3 Vanderbilt Law Review 350 (1950) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol3/iss2/18 This Book Review is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. BOOK REVIEWS THE POWER IN THE PEOPLE. By Felix Morley. New York: D. \'an Nostrand Co., Inc., 1949. Pp. xii, 293. $3.50. To the professional reviewer, with his daily dozen of reviews to do, Morley's The Power in the People might seem just another book of political essays to be quickly skimmed and as quickly reviewed, with a few hackneyed but well chosen phrases, a few wise saws and modern instances. No profes- sional reviewer, but a lawyer and judge, I shall certainly not review the book in that way. A devout believer in, and supporter of, American constitutionalism, as the proven way of life for us, I am an equally earnest unbeliever in, and opponent of, creeping socialism, "the better way of life," the current form of authoritarianism now being offered us. Like the author, I distrust and fear the self-appointed messiahs, the self-seeking pressure groups, the European-minded radicals, 2 and the political demagogues who have been, and are, conspiring against our liberties and our way of life. I shall, therefore, do my best to catch and carry into the review something of the spirit of this fine and timely book. I do not mean by this to suggest that I have a real hope that I can give to any reader of this review a realizing sense of the book's deeply spiritual quality, of the profound impression which it has made upon me, or of the strong appeal it will have for earnest and thoughtful readers. Indeed, the author's truly American faith in, his penetrating analysis, his simple and clear exposition of, the principles on which the great society here was founded and has been, by the grace of God, maintained, cannot be thus conveyed. Neither can his thorough understanding and unmasking of the false pretenses of our enemies, foreign and domestic, or the lofty and spiritual tone of the book, be put into a review, no matter how skilfully and earnestly done. They can be gotten only from a reading. Because this is so, because the book seems to me to have been written as an answer to the prayers of liberals-that is, persons who, in Priestly's stirring phrase, "stand in need of liberty and wish it for every creature of God"-and because I should like it to be most widely read, it is with great diffidence that I have undertaken to review it. It would trouble me greatly if, by some fault of under or over statement, I should diminish, if only by 1. HUTCHEsoN, LAW AS LIBERATOR (1937) (University of Virginia White Founda- tion Lectures). 2. Hutcheson, New Instruments of Public Power, CALIF. STATE BAR REP. 329 (1946) (California State Bar Morrison Lecture). 350 1950 ] BOOK REVIEWS one, the readers of it, who, like-minded with, but less well informed than, the author, are greatly puzzled and confused by things present, more puzzled and confused by things to come. Drawing on William Penn 3 for his arresting title, the author draws more heavily on James Madison, to whose memory the book is dedicated, the master builder and the interpreter to the people of the Constitution and of constitutionalism as the American way of life. He draws, too, on de Tocque- ville and other later observers of the American scene, and, so drawing, has written a book as American in spirit and in message as the American way of life itself. In it he has set down for all to see the meaning of that way of life, and the menace to it of current political theory here. Pointing out how, beginning with an increasing subordination of the people to the state, it has as its aim and end, by a kind of creeping socialism, to seize, for the state and the "favored groups and classes, which elect and control its officers, "the power in the people," he calls us "to our tents and to arms." He is completely aware of the false pretenses of those who, representing favored minorities and special political groups, pose as friends of liberty and of "the power in the people," and in that guise go about to destroy liberty and liberalism by vesting in the State "the Power" vested by the Constitution "in the People." He is, therefore, careful to make clear that when he speaks of "the power in the people," he is speaking not, as these dissemblers do, of "power in a majority," to have its unjust will. He is speaking rather of the power in the whole people, to establish and maintain the justice of the general will-that justice, the bond of men in states, which guards and pro- tects the real, the substantial, rights of the minority, though the minority be only one person, as jealously as it guards and protects the real, the sub- stantial, rights of the majority. Written in a spirit, and in language, reminiscent of the elegant and eloquent political pamphleteering of the Federalist Papers, the first and second chapters4 deal with the great importance, not only to Americans but to the human race, of a true understanding, and the continued maintenance here, of our constitutional way of life. In them the author takes the greatest pains to make clear the nature of the society and the government which the founders chose and the Constitution provided for, and the gulf fixed between that society and government and the societies and governments of other nations. Declaring, in Chapter One, that underlying the whole plan of the Con- 3. ". we lay a foundation for after ages to understand their liberty as men and Christians, that they may not be brought into bondage but by their owg consent; for we put the power in the people . " Penn's preliminary sketch for the government of West New Jersey, 1676, quoted in MORLEY, p. 139 (emphasis supplied). 4. (1) "The Purpose of the Republic"; (2) "The Nature of the Republic." VANDERBILT LAW REVIEW [ VOL. 3 stitution there is, in Madison's fine phrase, "that honorable determination ...to rest all our political experiments on the capacity of mankind for self- government," 5 he laments: "Of recent years, it has been increasingly assumed that Americans are no longer capable of governing themselves. In viev of conditions which have everywhere followed the destruction of self-government, a restoration of this faith would seem to be not only honorable, but actually essential for survival." 6 In Chapter Two, declaring that we shall not understand the nature of our republic if we fail to realize that its organic law .was the product of concession, and that adjustment of conflicting opinions by reasonable modi- fication is moreover implicit in the Constitution, he continues: "If the United States were really a political democracy, as is so often loosely as- serted, then this factor of conciliation would not be vital to successful government ... What we have is a representative republic and, in the language of The Federalist: 'It is of great importance in a republic, not only to guard the Society against the oppres- sion of its rulers, but to guard one part of the Society against the injustice of the other part. .' "Concessions to the minority are not necessary in a democracy. Concessions to the majority are not necessary in a tyranny. But in a republic, designed to prevent and .not to induce tyranny, concessions by both majorities and minorities are as oil to the machinery of government.... The spirit of conciliation, in short, is an essential part of the nature of a republic." 8 In full accord with Madison, that: "In framing a government which is to be administered by men over men, the first difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." 9 and that: "It is essential to such a government that it be derived from the great body of the Society, not from an inconsiderable proportion, or a favored class of it." 10 the author declares that responsible "self-government is the heart and core of the American way of life." 11 Stating: "To 'put the power in the people,' with any degree of perma- nence, it was necessary for the colonists: (1) to establish a system of gov- ernment in which the individual would not be subjected to the State; (2) to 5. THE FEDERALiST, No. 39, quoted in MORLEY, p. 3 (emphasis supplied). 6. P. 7. 7. The double quotation is taken from THE FEDERALIST, No. 51. Compare: "When a majority is included in a faction, the form of popular government . enables it to sacrifice to its ruling passion or intent both the public good and the rights of other citizens." THE FEamAsT, No.
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