By James McClellan
American Founding and structure
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Extra resources for Liberty, Order, And Justice
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Their salaries may not be reduced by the legislature while they serve. This strengthens their independence by preventing an angry legislature from attempting to influence the judicial process through manipulation of judicial salaries. In many other ways, American constitutionalism, written or unwritten, is rooted in British practices and customs. Almost without exception, all of the individual liberties, including political liberty and the right of property, that are guaranteed in the Federal and State constitutions may 26 The Constitution’s Deep Roots be traced to English precedents.
And Blackstone’s classic, which is still being reprinted today, has generally been accepted as the best exposition of that law. Prominent American lawyers such as James Iredell of North Carolina, who later served on the Supreme Court of the United States, and John Dickinson of Pennsylvania (and later Delaware), who received his legal training in England and was a delegate to the Federal Convention, were also acquainted with the judicial opinions and legal writings of Blackstone’s predecessor—the great Sir Edward Coke (pronounced Cook).
But they were not alienated closet-philosophers trying to found a perfect society or utopian paradise, for they were keenly aware of man’s imperfections as well as his strengths. Almost to a man, the Framers were aware of the intricate process by which human beings had learned to live together, at least in some places and at certain times, in freedom, order, and justice. Those who forget the mistakes of the past, it has been said, are bound to repeat them. The Framers knew of the many mistakes that had been made in the governing of great nations.