The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution — John Shaqi
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
The time was not ripe for any such union, and the reason was apparent.
The colonies differed very much in the character of their populations,
in the nature of their economic interests, and in their political
antecedents. They were not wholly of the English race. Many nations in
Europe had already contributed to the population. For example, New York
was partly Dutch, and in Pennsylvania there was a considerable element
of the Swedes, Germans, and Swiss. Moreover, the colonists were as
widely separated from each other, measured by the facilities of
locomotion, as are the most remote nations of the world to-day. Only a
few men ever found occasion to leave their colony to journey to another,
and most men never left, from birth to death, the community in which
they lived. Outside of the few scattered communities in the different
colonies there was an almost unbroken wilderness, with few wagon roads
and in places only a bridle path. The only methods of communication were
the letters and still fewer newspapers, which were carried by post
riders often through an almost trackless wilderness.
Obviously, a working government could not easily be constituted between
peoples of different religions, races, and economic interests, who, for
the most part, never met each other face to face and with whom frequent
communication was impossible.
The differences between the colonies and the mother-country with respect
to internal taxation slowly developed into an issue of constitutionalism
rather than of legislative policy. As in England, the immediate question
affected the power of the Crown to give to the customs inspectors the
power to make general searches and seizures, to enforce the navigation
laws. In 1761 James Otis, of Massachusetts, made a fateful speech before
the colonial legislature, in which, asserting the illegality of the
search warrants on the ground that they violated the constitutional
rights of Englishmen to protection in their own homes, he asserted that
Acts of Parliament which violated the sanctity of the home were void and
that, more specifically, they violated the charter granted to
Massachusetts. Asserting the doctrine which at that time was the
doctrine of the English common law, as stated by Coke and three other
Chief Justices, he said:
"To say the parliament is absolute and arbitrary is a contradiction.
The Parliament cannot make two and two five. Omnipotency cannot do
it.... Parliaments are in all cases to declare what is for the good
of the whole; but it is not the declaration of parliament that makes
it so: there must be in every instance a higher authority, viz.,
GOD. Should an Act of Parliament be against any of His natural laws,
which are immutably true, their declaration would be contrary to
eternal truth, equity and justice, and consequently void; and so it
would be adjudged by the Parliament itself, when convinced of their
mistake."
Public-domain text, read in full here on John Shaqi.
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