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
It is a curious fact that in the reaction from the tyranny of the
Stuarts your country abandoned this principle of the common law by
substituting for the omnipotence of the Crown the omnipotence of
Parliament, while in my country the somewhat vague and unworkable
principle of the common law, which gave the judiciary the power to
invalidate an act of the legislature, when against natural reason and
justice, was developed into the great principle, without which
institutions in an heterogeneous and widely scattered democracy would be
unworkable, namely that the powers of government are strictly defined,
and that neither the executive, the legislative, nor the judicial
departments of the government can go beyond the precise limits
established by the fundamental law. Like the common law, the
Constitution was thus the result of a slow evolution. Mr. Gladstone, in
his oft-quoted remark, gave an erroneous impression when he said:
"As the British Constitution is the most subtle organism which has
proceeded from progressive history, so the American Constitution is
the most wonderful work ever struck off, at a given time by the
brain and purpose of man."
This assumes that the Constitution sprang, like Minerva, armed
_cap-à-pie,_ from the brain of the American people, whereas it was as
much the result of a slow, laborious, and painful evolution as was the
British Constitution. Probably Gladstone so understood the development
of the American Constitution and recognized that its framing was only
the culmination of an evolution of many years.
When the constitutional struggle between the colonies and the Parliament
became acute, the necessity of a union for a common defence became
imperative. As early as July, 1773, Franklin recommended the "convening
of a General Congress" so that the colonies would act together. His
suggestion was introduced in the Virginia House of Burgesses in May,
1774, and as a result there met in Philadelphia on September 5 of that
year the first Continental Congress, styled by themselves: "The
Delegates appointed by the Good People of these Colonies." Nothing was
further from their purpose than to form a central government or to
separate from England. This Congress only met as a conference of
representatives of the colonies to defend what they conceived to be
their constitutional rights.
Public-domain text, read in full here on John Shaqi.
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