Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
has power to prevent any other. The splitting of sovereignty into many
parts amounts to there being no sovereign.
[10] This was written just after the close of the Civil War, but I do
not know that the great problem stated in it has as yet been adequately
solved.
The Americans of 1787 thought they were copying the English
Constitution, but they were contriving a contrast to it. Just as the
American is the type of composite Governments, in which the supreme
power is divided between many bodies and functionaries, so the English
is the type of SIMPLE Constitutions, in which the ultimate power upon
all questions is in the hands of the same persons.
The ultimate authority in the English Constitution is a newly-elected
House of Commons. No matter whether the question upon which it decides
be administrative or legislative; no matter whether it concerns high
matters of the essential Constitution or small matters of daily detail;
no matter whether it be a question of making a war or continuing a war;
no matter whether it be the imposing a tax or the issuing a paper
currency; no matter whether it be a question relating to India, or
Ireland, or London--a new House of Commons can despotically and finally
resolve.
The House of Commons may, as was explained, assent in minor matters to
the revision of the House of Lords, and submit in matters about which
it cares little to the suspensive veto of the House of Lords; but when
sure of the popular assent, and when freshly elected, it is absolute,
it can rule as it likes and decide as it likes. And it can take the
best security that it does not decide in vain. It can ensure that its
decrees shall be executed, for it, and it alone, appoints the
executive; it can inflict the most severe of all penalties on neglect,
for it can remove the executive. It can choose, to effect its wishes,
those who wish the same; and so its will is sure to be done. A
stipulated majority of both Houses of the American Congress can
overrule by stated enactment their executive; but the popular branch of
our legislature can make and unmake ours.
Public-domain text, read in full here on John Shaqi.
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