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
We possess, therefore, not a more suitable constitution than other
countries, but a constitution which is perfectly definite and which
is preserved by very formidable difficulties of amendment against
inconsiderate change. The difference between our own case and that
of Great Britain upon which we have most reason to congratulate
ourselves is that here public opinion has definite _criteria_ for its
conservatism; whereas in England it has only shifting and uncertain
precedent. In both countries there is the same respect for law. But
there is not in England the same certainty as to what the law of the
constitution is. We have a fundamental law which is written, and which
in its main points is read by all alike in a single accepted sense.
There is no more quarrel about its main intent than there is in England
about the meaning of Magna Charta. Much of the British constitution, on
the contrary, has not the support of even a common statute. It may, in
respect of many vital parts of it, be interpreted or understood in half
a dozen different ways, _and amended by the prevalent understanding_.
We are not more free than the English; we are only more secure.
The definiteness of our Constitution, nevertheless, apart from its
outline of structural arrangements and of the division of functions
among the several departments of the government, is negative rather
than affirmative. Its very enumeration of the powers of Congress is
but a means of indicating very plainly what Congress can _not_ do.
It is significant that one of the most important and most highly
esteemed of the many legal commentaries on our government should be
entitled ‘Constitutional Limitations.’ In expounding the restrictions
imposed by fundamental law upon state and federal action, Judge
Cooley is allowed to have laid bare the most essential parts of our
constitutional system. It was a prime necessity in so complex a
structure that bounds should be set to authority. The ‘may-nots’ and
the ‘shall-nots’ of our constitutions, consequently, give them their
distinctive form and character. The strength which preserves the system
is the strength of self-restraint.
And yet here again it must be understood that mere definiteness of
legal provision has no saving efficacy of its own. These distinct lines
run between power and power will not of their own virtue maintain
themselves. It is not in having such a constitution but in obeying
it that our advantage lies. The vitality of such provisions consists
wholly in the fact that they receive our acquiescence. They rest
upon the legal conscience, upon what Mr. Grote would have called the
‘constitutional morality,’ of our race. They are efficient because we
are above all things law-abiding. The prohibitions of the law do not
assert themselves as taskmasters set over us by some external power.
They are of our own devising. We are self-restrained.
Public-domain text, read in full here on John Shaqi.
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