An old master, and other political essaysWilson, Woodrow
Science
An old master, and other political essays
Wilson, Woodrow
Political science; Smith, Adam, 1723-1790; United States -- Politics and government
It is by no means wholly to our advantage that our constitutional law
is contained in definitive written documents. The fact that it is thus
formulated and rendered fixed and definite has seriously misled us, it
is to be feared, as to the true function and efficacy of constitutional
law. That law is not made more valid by being written, but only more
explicit; it is not rendered more sacred, but only more definite and
secure. Written constitutions are simply more or less successful
generalizations of political experience. Their tone of authority does
not at all alter the historical realities and imperative practical
conditions of government. They determine forms, utter distinct
purposes, set the powers of the State in definite hierarchy; but they
do not make the forms they originate workable, or the purposes they
utter feasible. All that must depend upon the men who become governors
and upon the people over whom they are set in authority. Laws can have
no other life than that which is given them by the men who administer
and the men who obey them. Constitutional law affords no exception to
the rule. The Constitution of the United States, happily, was framed by
exceptional men thoroughly schooled in the realities of government. It
consists, accordingly, not of principles newly invented, to be put into
operation by means of devices originated for the occasion, but of sound
pieces of tested experience. It has served its purpose beneficently,
not because it was written, but because it has proved itself accordant
in every essential part with tried principles of government--principles
tested by the race for whose use it was intended, and therefore
already embedded in their lives and practices. Its strength will be
found, upon analysis, to lie in its definiteness and in its power to
restrain rather than in any unusual excellence of its energetic parts.
For the right operation of these it has had to depend, like other
constitutions, upon the virtue and discretion of the people and their
ministers. “The public powers are carefully defined; the mode in which
they are to be exercised is fixed; and the amplest securities are taken
that none of the more important constitutional arrangements shall be
altered without every guarantee of caution and every opportunity for
deliberation.... It would seem that, by a wise constitution, democracy
may be made nearly as calm as water in a great artificial reservoir.”[D]
[D] Sir Henry Maine: Popular Government (Am. ed.), pp. 110, 111.
Public-domain text, read in full here on John Shaqi.
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