Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
And lastly, the whole region of the very highest questions is withdrawn
from the ordinary authorities of the State, and reserved for special
authorities. The "Constitution" cannot be altered by any authorities
within the Constitution, but only by authorities without it. Every
alteration of it, however urgent or however trifling, must be
sanctioned by a complicated proportion of States or legislatures. The
consequence is that the most obvious evils cannot be quickly remedied;
that the most absurd fictions must be framed to evade the plain sense
of mischievous clauses; that a clumsy working and curious technicality
mark the politics of a rough-and-ready people. The practical arguments
and the legal disquisitions in America are often like those of trustees
carrying out a misdrawn will--the sense of what they mean is good, but
it can never be worked out fully or defended simply, so hampered is it
by the old words of an old testament.
These instances (and others might be added) prove, as history proves
too, what was the principal thought of the American
Constitution-makers. They shrank from placing sovereign power anywhere.
They feared that it would generate tyranny; George III. had been a
tyrant to them, and come what might, they would not make a George III.
Accredited theories said that the English Constitution divided the
sovereign authority, and in imitation the Americans split up theirs.
The result is seen now. At the critical moment of their history there
is no ready, deciding power. The South, after a great rebellion, lies
at the feet of its conquerors: its conquerors have to settle what to do
with it.[10] They must decide the conditions upon which the
Secessionists shall again become fellow citizens, shall again vote,
again be represented, again perhaps govern. The most difficult of
problems is how to change late foes into free friends. The safety of
their great public debt, and with that debt their future credit and
their whole power in future wars, may depend on their not giving too
much power to those who must see in the debt the cost of their own
subjugation, and who must have an inclination towards the repudiation
of it, now that their own debt--the cost of their defence--has been
repudiated. A race, too, formerly enslaved, is now at the mercy of men
who hate and despise it, and those who set it free are bound to give it
a fair chance for new life. The slave was formerly protected by his
chains; he was an article of value; but now he belongs to himself, no
one but himself has an interest in his life; and he is at the mercy of
the "mean whites," whose labour he depreciates, and who regard him with
a loathing hatred. The greatest moral duty ever set before a
Government, and the most fearful political problem ever set before a
Government, are now set before the American. But there is no decision,
and no possibility of a decision. The President wants one course, and
has power to prevent any other; the Congress wants another course, and
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