The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
But it is necessary to realize that it is only because the powers of the
Federal Government are very strictly limited, and that the Federal Court
is not overweighted with the assertion of rights, the exercise of which
the public opinion of the States might not support, that its jurisdiction,
when asserted, is as a rule respected, while over the State Legislatures
as such it has no power at all, by way of injunction or prohibition. Nor
have cases been wanting from which the precarious character of its powers,
and its occasional lack of any sufficient sanction to enforce its decrees,
may be gathered, when it has happened that those decrees have not been in
accord with the prevailing opinion of the State within which execution has
had to be carried out. In 1812, when a state of war existed with Great
Britain, the States of Massachusetts and Connecticut refused obedience to
the orders of the Federal Government for the concentration of the militias
of all the Northern States on the frontier, giving as their reason that
the Constitution only empowered the Federal Government to call out the
militia in the case of “insurrection or actual invasion,” and that neither
of these two eventualities had arisen. These doctrines met with general
approval in the two States in question, and were endorsed by their
Governors, their Legislatures, and their tribunals, nor were the Federal
Courts able to enforce obedience to the commands of the Government at
Washington. By a strict limitation of the powers of the National
Government to what is absolutely necessary in order to secure the
existence of the United States as a nation, the framers of the
Constitution of 1787 did as much as it was possible to do, in order to
render their work permanent; but they were not able, as De Tocqueville
pointed out, even before the war of Secession had come to confirm the
foresight of his views, altogether to avoid the dangers which are the
natural inheritance of all Federal forms of Government.
The possibility, then, of establishing a Federal connection of any kind
between Great Britain and Ireland—that is to say, an arrangement under
which certain powers would be vested in an Irish Legislature and
Executive, and certain others in a Parliament and Executive common to both
countries—depends entirely on whether it is believed not only that such a
division of power can be successfully made upon paper—a feat which any
constitution-monger can accomplish—but also that public opinion in Ireland
will not interpose hopeless obstacles to the assertion of the reserved
rights and powers of the Imperial Legislature and Executive.
Public-domain text, read in full here on John Shaqi.
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