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
Because the power to amend the written Constitution is not in
Congress, it has come about that courts see to it that the will
of the popular power so expressed shall not be ignored or
vitiated by those who are the servants of that popular power.
Because the power to amend the written portions of the British
Constitution is in Parliament, there can be no clash between the
wishes of Parliament and its Constitution. What Parliament
_does_ is the final test of what the Constitution _is_.
From the different powers of Parliament and Congress in regard
to their respective national Constitutions comes the ambiguity
of Pan-Angle usage of the word "unconstitutional."
In the British Isles "unconstitutional" referring {104} to
parliamentary action means that someone considers it not
consistent with established British political customs. Yet, if
the British Parliament enacts any legislation it must be
constitutional, because the legislation by its mere enactment is
proved not inconsistent with the views of the temporary majority
in Parliament. Various British kings have been elected by the
Witan and by Parliament; one king was beheaded by the same
popular authority; at various dates the duties of kingship have
been altered. All these acts were constitutional the day they
were voted. It was therefore correct to say in 1910 that the
British Constitution "can be torn up by the mere vote of a
temporary majority in the two houses of Parliament."[104-1]
Since 1911 it would be equally correct to say that such power is
now in one House--the House of Commons. It is evident that,
"This arrangement, while it makes for flexibility, may be a
source of grave danger in the hands of an unscrupulous
majority."[104-2]
Public-domain text, read in full here on John Shaqi.
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