Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/728

 720 judiciary instituted, as the appropriate guardian of the public and private rights of the citizens.

§ 1860. In the next place, (it has been urged with much earnestness,) a bill of rights is an important protection against unjust and oppressive conduct on the part of the people themselves. In a government modified, like that of the United States, (said a great statesman, ) the great danger lies rather in the abuse of the community, than of the legislative body. The prescriptions in favour of liberty ought to be levelled against that quarter, where the greatest danger lies, namely, that which possesses the highest prerogative of power. But this is not found in the executive or legislative departments of government; but in the body of the people, operating by the majority against the minority. It may be thought, that all paper barriers against the power of the community are too weak to be worthy of attention. They are not so strong, as to satisfy all, who have seen and examined thoroughly the texture of such a defence. Yet, as they have a tendency to impress some degree of respect for them, to establish the public opinion in their favour, and to rouse the attention of the whole community, it may be one means to control the majority from those acts, to which they might be otherwise inclined.

§ 1861. In regard to another suggestion, that the affirmance of certain rights might disparage others, or might lead to argumentative implications in favour of other powers, it might be sufficient to say, that such a course of reasoning could never be sustained upon any solid basis; and it could never furnish any just