A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893Dicey, A. V. (Albert Venn)
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A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
In federations the law of the land is nearly powerless when opposed to
the will of a particular State. President Jackson's reported dictum,
'John Marshall[118] has delivered his judgment, let him now enforce it
if he can,' and the fact that the judgment was never enforced,[119] are
things not to be forgotten. They are worth a thousand disquisitions on
the admirable working of federalism. But there is no need to rely on a
traditional story, which, however, is an embodiment of an undoubted
transaction. The plainest facts of American history all tell the same
tale. No Abolitionist could in 1850 without peril to his life have
preached abolition in South Carolina; difficult indeed was the
enforcement of the Fugitive Slave Law and small the practical respect
paid in Massachusetts to the doctrine of the Dred Scott Case. Unless all
reports are false, the Negro vote throughout the Southern States is at
this moment practically falsified, and little do the Constitutional
Amendments benefit a Negro in any case where his conduct offends
Southern principle or prejudice. For my present argument it matters
nothing whether the oppression of individuals or the defiance of law was
or was not, in all these cases, as it certainly was in some instances, a
violation to the supreme law of the land. If the law was violated then,
why should we expect Imperial law to be of more force in Ireland than
federal law in South Carolina, or in Massachusetts? If the rights of
individuals were not adequately protected by federal law against the
injustice of a particular State, then why expect that the provisions of
our new constitution, far less stringent as they are than the protective
provisions of the United States Constitution, should avail to protect
unpopular persons in Ireland against the legal tyranny of the Irish
Executive or the Irish Parliament?
Public-domain text, read in full here on John Shaqi.
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