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
I only mention the subject to suggest that the reader of these lectures
will better understand why the American people take the written
obligations of the League so seriously and literally. We have been
trained for nearly a century and a half to measure the validity and
obligations of laws and executive acts in Courts of Justice and to apply
the plain import of the Constitution. Our constant inquiry is, "Is it so
nominated" in that compact? In Europe, and especially England,
constitutionalism is largely a spirit of great objectives and ideals.
Therefore, while in these nations the literal obligations of Articles X,
XI, XV, and XVI of the Covenant of the League are not taken rigidly, we
in America, pursuant to our life-long habit of constitutionalism,
interpret these clauses as we do those of our Constitution, and we ask
ourselves, Are we ready to promise to do, that which these Articles
literally import, join, for example, in a commercial, social and even
military war against any nation that is deemed an aggressor, however
remote the cause of the war may be to us? Are we prepared to say that in
the event of a war or threatened danger of war, the Supreme Council of
the League may take any action it deems wise and effectual to maintain
peace? This is a very serious committal. Other nations may not take it
so literally, but with our life-long adherence to a written Constitution
as a solemn contractual obligation, we do.
This is said in no spirit of hostility to the League, but only to
explain the American point of view. Since I delivered these lectures, I
took a short trip to the Continent, and while sojourning in Geneva, made
a visit to the offices of the League. All I there saw greatly interested
me, and I could have nothing but a feeling of admiration for the
effective and useful administrative work which the League is doing.
The men who framed the Covenant of the League tried to do, under more
difficult, but not dissimilar, conditions, what the framers of the
American Constitution did in 1787. In both cases the aim was high, the
great purpose meritorious. Those Americans who, for the reasons stated,
are not in sympathy with the structural form and political objectives of
the League, are not lacking in sympathy for its admirable administrative
work in co-ordinating the activities of civilized nations for the common
good. In any study of a World Constitution, the example of those who
framed the American Constitution can be studied with profit.
JAMES M. BECK.
_Chamonix_,
July 14, 1922.
_Contents_
PREFACE BY THE EARL OF BALFOUR
INTRODUCTION BY SIR JOHN SIMON
AUTHOR'S INTRODUCTION
FIRST LECTURE: THE GENESIS OF THE CONSTITUTION
SECOND LECTURE: THE FORMULATION OF THE CONSTITUTION
THIRD LECTURE: THE POLITICAL PHILOSOPHY OF THE CONSTITUTION
THE REVOLT AGAINST AUTHORITY
_I. The Genesis of the Constitution of the United States_
Public-domain text, read in full here on John Shaqi.
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