With Americans the word "unconstitutional" never in popular practice has the comprehensive and indefinite British meaning. As Americans have no term in common use to denote the unwritten part of their Constitution, so they have none at all with which to refer to an infraction of it. The {106} expression has yet to be coined for the American public to employ should the Electoral College act as it did in Washington's day, viz. each elector exercise his individual discretion in voting for a president, or should a president be elected for a third term, whether or not consecutive. In either of these instances the change could not be unconstitutional in the American sense, though it would be unconstitutional in the British sense. In the former case, the procedure would be a return to what was once entirely usual in the American practice, and called for by the one-time working interpretation of the written Constitution. In the latter case, it would be a change to what has never been forbidden by the American written Constitution, but to what is now forbidden by the un-written Constitution. In either of these cases, what would the American courts decide? They would find no violation of the written Constitution, but only of the present unwritten or working Constitution. The American can console himself in his ignorance by the oft-quoted remark: "The Supreme Court has the last guess." The word "unconstitutional" refers to an enactment in such conflict with the written Constitution and decisions thereunder, that American courts will not consider it legal. When legislation beyond the powers conferred by the written Constitution is attempted and a case, for whose decision it is necessary to decide the power of Congress so to enact, is brought to the courts, they will declare the attempted legislation void. The courts, and they alone, have this power. Hence the word "unconstitutional" in America means _illegal_. {107} In 1913 occurred a modification of the American unwritten or working Constitution which may or may not pass into a permanent change. George Washington and John Adams addressed Congress orally on public affairs. Thomas Jefferson, the third president, being a poor speaker, changed this part of the working Constitution by addressing Congress through written messages. This custom remained as a revision of the working Constitution until 1913. Of this tradition Wilson wrote in 1898: "Hence a sacred rule of constitutional action!"[107-1] In 1913 he, as president, reverted from this "sacred rule" to the oral custom of Washington, and the country's comment was largely commendatory. In this instance it is likely that the Supreme Court may not guess at all!