, in the divine
right of the people; and a beginning is therefore made with the base,
proceeding upward to the apex. The plan in fact is reversed because the
philosophy is different.
The Constitution of _Saorstat Eireann_ begins with the people, and with a
statement of the sovereignty of the people. "All powers of Government," it
says in Article 2, "and all authority, legislative, executive and
judicial, are derived from the people and the same shall be exercised in
_Saorstat Eireann_ through the organisations established by or under, and
in accord with, this Constitution." In this Constitution, therefore, the
people of Ireland establish their own right, original and indefeasible,
and all things and persons and institutions named or created by or under
it depend from them. That is in the present, as it was in the original,
draft. Whatever institution or organisation is established to act on their
behalf, acts under an authority conferred by them; and in accord with the
specific bestowal of that authority; and not otherwise. Whatever person or
power is named, is named to act on their behalf; acts under the same
authority; in accord with the specific bestowal of that authority; and not
otherwise. The people confer of their own right; and what they may confer
they may withdraw. If the authority they confer be abused or transgressed,
it ceases thereupon to have any sanction or reverence, and possesses no
binding effect. That is to say, in the terms of my figure, the apex of the
pyramid rests on the base, is hung from no mythical divine right of kings,
and has no support outside the people of Ireland.
The people, consequently, are citizens of a free state, not the subjects
of authority. It is necessary, therefore, at once to state who are the
citizens of this state, and what constitutes their citizenship. This the
next article proceeds to define. In this article the whole question of
future citizenship is referred to legislation. It properly belongs to
legislation, since it includes a number of complex matters and details
quite unsuited to a Constitution. Yet there must be an original
citizenship, otherwise the service of the state could not begin. Article
3, therefore, states what constitutes the original citizenship of Saorstat
Eireann; and leaves all matters "governing the future acquisition and
termination of citizenship" to be "determined by law," making it a
constitutional provision, however, that "men and women have
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