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I account for this fact on the ground that where the legislatures are over-radical, the courts tend to react into conservatism, and as the Western legislatures try many more startling experiments than are usually attempted in Massachusetts or New Jersey, the more intelligent public opinion has to depend on the courts to apply the curb.
The triumph of the rebellious colonists of 1776 was a triumph of democratic principles; and although a Tory reaction came promptly, although Hamiltonianism came to stay as a beneficent check to over-radical, populistic theories, the history of the last century and a quarter has abundantly shown the vitality and the endurance of democratic ideas.
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