Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
Hobbes told us long ago, and everybody now understands, that there must
be a supreme authority, a conclusive power, in every State on every
point somewhere. The idea of government involves it--when that idea is
properly understood. But there are two classes of Governments. In one
the supreme determining power is upon all points the same: in the
other, that ultimate power is different upon different points--now
resides in one part of the Constitution and now in another. The
Americans thought that they were imitating the English in making their
Constitution upon the last principle--in having one ultimate authority
for one sort of matter, and another for another sort. But in truth the
English Constitution is the type of the opposite species; it has only
one authority for all sorts of matters. To gain a living conception of
the difference let us see what the Americans did.
First, they altogether retained what, in part, they could not help, the
sovereignty of the separate States. A fundamental article of the
Federal Constitution says that the powers not "delegated" to the
central Government are "reserved to the States respectively". And the
whole recent history of the Union--perhaps all its history--has been
more determined by that enactment than by any other single cause. The
sovereignty of the principal matters of State has rested not with the
highest Government, but with the subordinate Government. The Federal
Government could not touch slavery--the "domestic institution" which
divided the Union into two halves, unlike one another in morals,
politics, and social condition, and at last set them to fight. This
determining political fact was not in the jurisdiction of the highest
Government in the country, where you might expect its highest wisdom,
nor in the central Government, where you might look for impartiality,
but in local governments, where petty interests were sure to be
considered, and where only inferior abilities were likely to be
employed. The capital fact was reserved for the minor jurisdictions.
Again, there has been only one matter comparable to slavery in the
United States, and that has been vitally affected by the State
Governments also. Their ultra-democracy is not a result of Federal
legislation, but of State legislation. The Federal Constitution deputed
one of the main items of its structure to the subordinate governments.
One of its clauses provides that the suffrages for the Federal House of
Representatives shall be, in each State, the same as for the most
numerous branch of the legislature of that State; and as each State
fixes the suffrage for its own legislatures, the States altogether fix
the suffrage for the Federal Lower Chamber. By another clause of the
Federal Constitution the States fix the electoral qualification for
voting at a Presidential election. The primary element in a free
government--the determination how many people shall have a share in
Public-domain text, read in full here on John Shaqi.
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