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
Illustrative of the British significance of "unconstitutional"
is quoted the following, written in 1910: "It is an undoubted
rule of the English constitution that the king shall not refuse
his assent to a bill which has passed both Houses of Parliament,
but it is certainly not a law. Should the king veto such a bill
his action would be unconstitutional, but not illegal."[107-2] A
corresponding American example might be furnished by the action
of an American president in issuing an order, without being
authorized thereto by Congress, temporarily repealing part of a
tariff bill. Such an act being outside of the scope of a
president's authority would, if reviewed by a court as part of
the _ratio decidendi_ of a case, be held unconstitutional and
therefore illegal.
{108}
These British and American usages of "constitution" and
"unconstitutional" are reflected in the five other Pan-Angle
nations. It consequently behoves one to use either of these
words with careful attention to the meaning desired. But of each
of the seven nations it may be said: that it is governed under a
constitution; that some part of its constitution is written; and
that through its constitution, however amendable, ultimate
control of all questions is in the voters.
Immediate legislative control of these seven nations is in
legislatures composed of representatives who act on behalf of
the voters, and subject to restrictions, if any, by the voters
only. Until 1911, one nation, the British Isles afforded an
exception to this as its legislative power was shared by persons
who owed their position to their birth. This instance of
presentation in a national legislature which was composed
otherwise of elected representatives expired before 1911. Since
that date the House of Lords exists not as a part of the
legislature but as a consultative body subservient to the will
of the House of Commons. To-day the legislatures of the
Pan-Angle nations are in all cases representative and the
representatives, however elected or appointed act on behalf of
the voters.[108-1] Those that are considered appointed are {109}
in reality chosen by a method of indirect election. For example,
in Canada and in New Zealand the representatives who form the
upper houses are chosen by the majority in the lower houses at
the time of their election. The fact that these "legislators
may, in the Canadian case, hold office for life does not affect
the fact that they are elected, but concerns only their terms of
office. In New Zealand the terms of office of some members of
the upper house is for life, whereas more recent members have
been chosen for a period of years. In the United States,
according to the provisions of the Federal Constitution, the
members of the upper house were formerly chosen by the state
legislatures. They are now, by the provisions of the
Constitution, elected directly.[109-1] In Australia the upper
house members are chosen by the voters organized in voting
Public-domain text, read in full here on John Shaqi.
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