England's Case Against Home Rule by Albert Venn Dicey
page 136 of 286 (47%)
page 136 of 286 (47%)
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Confederacy and the States, and that behind all the mechanism and
artifices of the constitution there lies, however artfully concealed, some sovereign power which must have the means both to support the principles of the constitution and, when occasion requires, to modify its terms. Hence almost of necessity flow some further results. Under a federation the law of the land must be divided into constitutional laws (or, in other words, articles of the constitution), which can be changed, if at all, only with special difficulty, say by an appeal to the popular vote or by a constituent assembly, and ordinary laws which may be changed by the central Congress or by the separate assemblies of the States. The powers both of the central Parliament and of the local parliaments, depending as they do upon the constitutional compact, must be limited. Neither the National Assembly of Switzerland nor the Congress of the United States have anything like the sovereign power of the British Parliament: the same thing is obviously true of the Cantonal or State Assemblies. Such are, under one form or another, the essential characteristics of a Federal Government. A confederation of which England and Ireland formed a part would further of necessity exhibit a feature not to be found in the United States. The authority of the Confederacy would in reality mean the power of one State--namely, Great Britain. No artificial distribution of the whole country into separate States would get rid of a fact depending upon laws or facts of nature beyond the reach of constitutional arrangements. [Sidenote: Advantages of Federalism to England.] It is now possible to perceive pretty clearly the relation of Federalism to British or English interests. It would, as compared with the independence of Ireland, present three advantages. There would not be the same obvious and patent failure in the efforts of British |
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