FREE BOOKS

Author's List




PREV.   NEXT  
|<   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150  
151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   >>   >|  
eration is reached. Therefore I am unable to see the force of the argument that, as the conditions under which all existing federations were established differ in some respects from those under which the proposed federal union between England and Ireland would have to be established, therefore the success of these confederations, such as it is, gives them no value as precedents. A system which might have worked very well for the New England States would not have worked well for a combination which included also the middle and southern States. And the framers of the American Constitution were not so simple-minded as to inquire, either before beginning their labours or before ending them--as Mr. Dicey would apparently have the English and Irish do--whether this or that style of constitution was "the correct thing" in federalism. Assuming that the people desired to form a nation as regarded the world outside, they addressed themselves to the task of discovering how much power the various States were willing to surrender for this purpose. That was ascertained, as far as it could be ascertained, by assembling their delegates in convention, and discussing the wishes and fears and suggestions of the different localities in a friendly and conciliatory spirit. They had no precedents to guide them. There had not existed a federal government, either in ancient or modern times, whose working afforded an example by which the imagination or the understanding of the American people was likely to be affected in the smallest degree. They, therefore, had to strike out an entirely new path for themselves, and they ended by producing an absolutely new kind of federation, which was half Unitarian, that is, in some respects a union of states, and in others a centralized government; and it was provided for a Territory one end of which was more than a month's distance from the other. It is not in its details, therefore, but in the manner of its construction, that the American Constitution furnishes anything in the way of guidance or suggestion to those who are now engaged in trying to find a _modus vivendi_ between England and Ireland. The same thing may be said of the Swiss Constitution and of the Austro-Hungarian Constitution. Both of them contain many anomalies--that is, things that are not set down in the books as among the essentials of federalism. But both are adapted to the special wants of the people who live under them, and were frame
PREV.   NEXT  
|<   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150  
151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   >>   >|  



Top keywords:

Constitution

 

American

 
people
 

States

 
England
 

precedents

 

worked

 

ascertained

 

government

 

federalism


Ireland

 
federal
 

respects

 

established

 
centralized
 
provided
 
Territory
 

states

 

Unitarian

 
essentials

federation
 

producing

 

absolutely

 

working

 
afforded
 
modern
 

ancient

 

special

 

smallest

 

degree


strike
 

adapted

 

affected

 

imagination

 

understanding

 

things

 

engaged

 

existed

 

guidance

 
suggestion

Austro

 
Hungarian
 
vivendi
 

distance

 

manner

 
construction
 

furnishes

 
details
 

anomalies

 
combination