The government of the United States by Moses Bernard 1846-

Author:Moses, Bernard, 1846- [from old catalog] & Folwell, William Watts, 1833- [from old catalog]
Language: eng
Format: epub, pdf
Publisher: New York, D. Appleton and company
Published: 1911-03-25T05:00:00+00:00

State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law." There are, however, certain privileges which, when once granted, cannot be enjoyed by others. These are involved in franchises given to individual or corporate persons to do what, in the nature of things, can be done only by a few persons. When such a privilege is granted, it is presumed that the business to be performed is important for the general welfare, and that it can be more efficiently done under an exclusive franchise than in any other way. In this case, as in the case of certain ministerial officers whose services are necessary to the general welfare, the supreme governmental authority is expected to select the agency that appears to be the most efficient for the attainment of the result required.

Topics. —Indications of equality in the United States.—Signs of inequality.—Aim of the Government in this matter.—The fourteenth amendment.—Privileges that are necessarily monopolies.

References. —Bryce, American Commonwealth, ii, 744-747; Ford, American Citizen's Manual, Part II, 17, 18; Hart, Actual Government, 32.

135. Nature and Liberty. —An appeal is sometimes made to nature as offering an argument in favor of liberty; but the term "nature" is so vague that such an appeal bears no very definite meaning. If it is affirmed that man ought to be free because freedom is his natural inheritance, the assumption on which the affirmation rests is not sufficiently well established to make it the basis of a valid argument. It is nearer the truth to say that man inherits a position of dependence, and that the striving of the individual in his development, as of the race in its development, is toward

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