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Updated: June 22, 2025
Not only some of the Federal judges, but some of the State courts invoked the Constitution in a spirit of the narrowest legalistic obstruction to prevent the Government from acting in defense of labor on inter-State railways.
He had supported the bank, the tariff, implied powers, and Hamiltonism. He had followed Clay's leadership. Still he had risen to great heights of oratory and legalistic reason. Carlyle had called him a logic machine in pants. His debate with Hayne, however, was to furnish the material for one of the greatest of state papers, to be written less than a decade from this day.
It scorned the slow, legalistic methods and resolutely answered the terrorism of Czarism by a terrorism of the people. It maintained a special department for carrying on this grim work. Its Central Committee passed sentences of death upon certain officials, and its decrees were carried out by the members of its Fighting Organization.
So much has been written upon the exact location of sovereignty in the American federal State that it is difficult to escape the legalistic attitude, and to treat the matter purely as history. So various, so conflicting, and at times so tenuous, are the theories, that a flippant person might be forgiven did he turn from the whole discussion saying impatiently it was blind man's buff.
Then if he has time left, he may devote it to legalistic discussions, and there would be no harm. Self-examination, in order to purify oneself from vices great and small, represents the second stage of getting on the road and travelling from station to station. The final stage, arriving in the holy city and celebrating there, is to have a perfect knowledge of God.
Time was when the dispute naturally arising in such a Federal Union, concerning the line of division between these two kinds of power, turned on an abstract or legalistic question of State sovereignty. That abstract question was decided, once for all, by the arbitrament of arms in our great Civil War.
After the tribal Algeria in which he had been wandering, Tartarin now made the acquaintance of the no less peculiar and cock-eyed Algeria of the towns: litigious and legalistic. He encountered a sleazy justicary who stitched up shady deals in the back rooms of cafes.
No amount of legalistic argument can becloud this issue in the eyes of these ten million American citizens. Surely the signers of the Constitution did not intend a document which, even in wartime, would be construed to take away the franchise of any of those who are fighting to preserve the Constitution itself.
Nor is it possible to find answers to issues which really depend on fairness and commonsense by legalistic or theoretical approaches. What is needed is a broad and balanced assessment of what has happened and been done in the general environment of the case under consideration.
In the modern use of the Old Testament, the faithful application of this fundamental principle also leads to a most practical conclusion; the stories peculiarly adapted to children are not the mature, legalistic narratives of the late priestly writers, but the early prophetic stories, which begin in the second chapter of Genesis.
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