[The Promise Of American Life by Herbert David Croly]@TWC D-Link bookThe Promise Of American Life CHAPTER XII 84/92
Without venturing on the disputed ground as to whether such decisions are legitimate or illegitimate interpretations of constitutional provisions, it need only be said in this, as in other instances, that the courts are as much influenced in such decisions by a political theory as they are by any fidelity to the fundamental law, and that if they continue indefinitely in the same course, they are likely to get into trouble.
I shall, however, as usual, merely evade constitutional obstacles, the full seriousness of which none but an expert lawyer is competent to appraise.
Both the state and the municipal governments ought, just in so far as they have the power, to give preference to union labor, but wherever possible they should also not hesitate to discriminate between "good" and "bad" unions.
Such a discrimination would be beyond the courage of existing governments, but a mild hope may be entertained that it would not be beyond the courage of the regenerated governments.
The adoption of some such attitude by the municipal and state authorities might encourage employers to make the fight along the same lines; and wherever an employer did make the fight along those lines, he should, in his turn, receive all possible support.
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