If this statement by Judge Cooley is true, and the authority for it is unimpeachable, then the theory that the Constitution is a written document is … - Charles A. Beard

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If this statement by Judge Cooley is true, and the authority for it is unimpeachable, then the theory that the Constitution is a written document is a legal fiction. The idea that it can be understood by a study of its language and the history of its past development is equally mythical. It is what the Government and the people who count in public affairs recognize and respect as such, what they think it is. More than this. It is not merely what it has been, or what it is today. It is always becoming something else and those who criticize it and the acts done under it, as well as those who praise, help to make it what it will be tomorrow.

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About Charles A. Beard

Charles Austin Beard (27 November 1874 – 1 September 1948) was an influential American historian. He stressed the importance of economic factors in American constitutional history. His partner was the historian Mary Ritter Beard

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This body of administrative literature can be taught to young men and women; perhaps also to the aged, if they are not hopeless. And it is possible by tests to discover whether or how far the process of communicating and imparting administrative knowledge has been successful, [although] not precisely in all cases. Moreover, and this is highly important, young men and women who have more or less mastered the principles, maxims, and axioms of administrative science can now, by what is called in-training, fortify their formal knowledge by living experiences in and with administration. There is, then, a science of administration, in the sense in which I have used the term, and it can be taught, learned, and used.

What hope lies anywhere save in the widest freedom to inquire and expound — always with respect to the rights and opinions of others? As my friend, James Harvey Robinson, once remarked, the conservative who imagines that things will never change is always wrong; the radical is nearly always wrong too, but he does insure some slight risk of being right in his guess as to the direction of evolution. It is in silence, denial, evasion and suppression that danger really lies, not in open and free analysis and discussion ... everywhere there seems to be a fear of reliance upon that ancient device so gloriously celebrated by John Milton three hundred years ago — the device of unlimited inquiry. Let us put aside resolutely that great fright, tenderly and without malice, daring to be wrong in something important rather than right in some meticulous banality, fearing no evil while the mind is free to search, imagine, and conclude, inviting our countrymen to try other instruments than coercion and suppression in the effort to meet destiny with triumph, genially suspecting that no creed yet calendared in the annals of politics mirrors the doomful possibilities of infinity.

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The administrator is more like the engineer who constructs a power plant, that is, he is concerned with the realization of conscious human purposes by the conscious use of human beings and materials. It is true that the mere student of administration may be just an observer, but he does not merely observe natural, unconscious, and automatic operations. He observes the formulation of human purposes, consciously and deliberately and operations designed to effect given results. And he sees calculations of results in advance realized later in practice with a high degree of approximation. The degree of approximation between advance calculations and results is not often, if ever, as exact as in the case of a hydro-electric plant, but it is constantly exact enough for practical purposes.

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