Happily,
the human mind is so constituted that no party can reach to the
audacity of doing this. Think, if you can, of a single instance in
which a plainly written provision of the Constitution has ever
been denied. If by the mere force of numbers a majority should
deprive a minority of any clearly written constitutional right, it
might in a moral point of view justify revolution; certainly would
if such right were a vital one. But such is not our case. All the
vital rights of minorities and of individuals are so plainly
assured to them by affirmations and negations, guaranties and
prohibitions, in the Constitution that controversies never arise
concerning them. But no organic law can ever be framed with a
provision specifically applicable to every question which may
occur in practical administration. No foresight can anticipate nor
any document of reasonable length contain express provisions for
all possible questions. Shall fugitives from labor be surrendered
by national or by State authority? The Constitution does not
expressly say. May Congress prohibit slavery in the Territories?
The Constitution does not expressly say. Must Congress protect
slavery in the Territories? The Constitution does not expressly
say.
From questions of this class spring all our constitutional
controversies, and we divide upon them into majorities and
minorities.
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