Aristotle Quotes
It is best that laws should be so constructed as to leave as little as possible to the decision of those who judge.
Aristotle, 384-322 BC, Greek Philosopher & Teacher, Rhetoric
Sourced by: Eigen's Political and Historical Quotations
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
In modern times almost all countries have written constitutions. And almost all of those constitutions appear to be democratic. Many have been taken from the United States Constitution. However, most of the countries are not real democracies as they do not enforce their own constitutions. For example, in Egypt, the constitution guarantees women equal rights to men. There are many female attorneys. However, the notion of a female judge is too much for the sexist culture. So regardless of what the constitution says, it is not enforced with respect to female judges. When Smyth gave his lecture, constitutions were just getting popular. He was prescient enough to realize that a constitution to be effective must conform to the belief structure of most of the population and the constitution most be administered as well as written.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
Aristotle (/ærɪˈstɒtəl/; Greek: Ἀριστοτέλης Aristotélēs, pronounced [aristotélɛːs]; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Lyceum, the Peripatetic school of philosophy, and the Aristotelian tradition. His writings cover many subjects including physics, biology, zoology, metaphysics, logic, ethics, aesthetics, poetry, theatre, music, rhetoric, psychology, linguistics, economics, politics, meteorology, geology and government. Aristotle provided a complex synthesis of the various philosophies existing prior to him. It was above all from his teachings that the West inherited its intellectual lexicon, as well as problems and methods of inquiry. As a result, his philosophy has exerted a unique influence on almost every form of knowledge in the West and it continues to be a subject of contemporary philosophical discussion.