The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking NationsKennedy, Sinclair
History
The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking Nations
Kennedy, Sinclair
Anglo-Saxon race; Great Britain -- Colonies; Great Britain -- Relations -- United States; United States -- Relations -- Great Britain
Such written documents are so often referred to as "The
Constitution" that citizens of some of the {100} six younger
nations often assume that "The Constitution" is the whole
Constitution of their respective governments. The first such
written power of attorney to the legislators, and as such an
expression of the views then held by a certain body politic, was
signed aboard the _Mayflower_ in 1620.[100-1] This Constitution
by which the forty-one signers "solemnly and mutually . . .
covenant and combine ourselves together into a civil body
politic, for our better ordering and preservation and
furtherance of the ends aforesaid; and by virtue hereof to
enact, constitute and frame-[laws]--unto which we promise all
due submission and obedience,"[100-2] did not, however,
supersede all other, including unwritten, governmental
traditions of that body politic. Constitutions written later
have similarly left for their respective groups much continuing
tradition, that has been respected and has been enlarged upon.
We have written down that which we felt strongly about, but we
have also continued other customs. Written "constitutions" have
been expressions of public belief as to the form of framework of
any given body politic, but for interpretation they have had to
rely on unwritten or previously written tradition, as developed
to meet arising needs. The mere writing has not arrested our
constitutional growth nor rendered inflexible our governmental
forms.
The American Constitution consists really of {101} two portions,
the written and the unwritten. The tenacity with which the
nation clings to certain traditions never put in writing or even
at variance with the spirit of the writing, makes it advisable,
if not absolutely necessary, so to consider it. Lord Bryce,
familiar with the nature of the British Constitution, calls the
usages that have grown up apart from the written Constitution
"parts of the actual or (so to speak) 'working'
Constitution"[101-1] of America. As illustrative of the latter
he mentions certain American customs: "The president practically
is limited to two continuous terms of office. The presidential
electors are expected to vote for the candidate of the party
which has chosen them, exercising no free will of their own. The
Senate always confirms the nominations to a cabinet office made
by the President."[101-2] These instances, of what he calls the
American working Constitution, are supported by the same force
that maintains the entire British Constitution--public opinion.
To the Britisher, this point of view is thoroughly natural. He
has at home a Constitution which is also compounded of written
and unwritten parts. To the American this phraseology may sound
strange, for he has long been accustomed to think the
"Constitution" refers to a particular written document and the
judicial decisions thereunder. For the unwritten or working
basis of his government he has had no word.
Public-domain text, read in full here on John Shaqi.
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