Meanwhile it would be unjust to the supporters of State Rights to deny
the excellence and importance of their contribution to the
Constitutional settlement. To them is due the establishment of local
liberties with safeguards such as no other Constitution gives. And, in
spite of the military victory which put an end to the disputes about
State Sovereignty and finally established the Federalist interpretation
of the Constitution, this part of their work endures. The internal
affairs of every State remain as the Constitution left them, absolutely
in its own control. The Federal Government never interferes save for
purposes of public taxation, and, in the rare case of necessity, of
national defence. For the rest nine-tenths of the laws under which an
American citizen lives, nearly all the laws that make a practical
difference to his life, are State laws. Under the Constitution, as
framed, the States were free to form their separate State Constitutions
according to their own likings, and to arrange the franchise and the
test of citizenship, even for Federal purposes, in their own fashion.
This, with the one stupid and mischievous exception made by the
ill-starred Fifteenth Amendment, remains the case to this day, with the
curious consequence, among others, that it is now theoretically possible
for a woman to become President of the United States, if she is the
citizen of a State where female suffrage is admitted.
Turning to the structure of the central authority which the Constitution
sought to establish, the first thing that strikes us--in the teeth of
the assertion of most British and some American writers--is that it was
emphatically _not_ a copy of the British Constitution in any sense
whatever. It is built on wholly different principles, drawn mostly from
the French speculations of that age. Especially one notes, alongside of
the careful and wise separation of the judiciary from the executive, the
sound principle enunciated by Montesquieu and other French thinkers of
the eighteenth century, but rejected and contemned by England (to her
great hurt) as a piece of impracticable logic--the separation of the
executive and legislative powers. It was this principle which made
possible the later transformation of the Presidency into a sort of
Elective Monarchy.
Public-domain text, read in full here on John Shaqi.
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