What is the source of this widespread feeling?
For several years before the World War, we were passing through a period of readjustment in the political and social life of the Nation. Many people felt that privilege was too strongly entrenched in governmental favor. A noble feeling of sympathy for the weak and the unfortunate created a demand for social justice. A great political party was thrown out of power. Out of all this came appeals for legislation, most of it inspired by the highest motives, but much of it impractical and visionary, some of it so framed that in providing a benefit for a certain class, the rights of some other class were forgotten. Often it became necessary to recall the provisions of the Constitution, and some times it was used as a bar to the enactment of measures which were inspired only by the loftiest motives. Under such circumstances it is only natural that those intensely interested, seeing only from one standpoint, not understanding perhaps the far reaching effect of their favorite measures, should cry out at the limitations imposed by the Constitution.
Then again courts are sometimes compelled, under their sworn duty to defend the Constitution, to hold that a legislative enactment is unconstitutional and void, because it violates some of the principles of that great document, created, not by courts, not by presidents, but by the people themselves for their own guidance and protection.
But Chief Justice White gives the strongest reason for this feeling of contempt for the Constitution. He says:
There is great danger, it seems to me, to arise, from the constant habit which prevails where anything is opposed or objected to, of resorting without rhyme or reason, to the Constitution as a means of preventing its accomplishment, thus creating the general impression that the Constitution is but a barrier to progress, instead of being the broad highway through which alone true progress, may be enjoyed.
Not only is this true, but unfortunately it is also true that every base murderer who begins to feel the rope tighten about his neck can find some lawyer who can devise some alleged constitutional reason why his client should not hang. The courts are constantly engaged in defending the Constitution against these base and unworthy attempts to defeat justice.