can only be touched (if at all) by a constituent assembly,
and statutes which can be repealed by an ordinary
Parliament—the whole apparatus, in short,
of artificial constitutionalism—is utterly
unknown to Englishmen. Thus freedom has in England
been found compatible at crises of danger with an energy
of action generally supposed to be peculiar to despotism.
The source of strength is, in fact, in each case the
same. The sovereignty of Parliament is like the
sovereignty of the Czar. It is like all sovereignty
at bottom, nothing else but unlimited power; and, unlike
some other forms of sovereignty, can be at once put
in force by the ordinary means of law. This is
the one great advantage of our constitution over that
of the United States. In America, every ordinary
authority throughout the Union is hampered by constitutional
restrictions; legislation must be slow, because the
change of any constitutional rule is impeded by endless
difficulties. The vigour which is wanting to
Congress, is indeed to a certain extent to be found
in the extensive executive power left in the hands
of the President; but it takes little acuteness to
perceive that in point of pliability, power of development,
freedom of action, English constitutionalism far excels
the Federalism of the United States. Nor is it
less obvious that the very qualities in which the
English constitution excels that of the United States
are essential to the maintenance by England of the
British Empire. Home Rulers, whether they know
it or not, touch the mainspring of the British constitution.
For from the moment that Great Britain becomes part
of a federation, the omnipotence of Parliament is gone.
The Federal Congress might be called by the name of
the Imperial Parliament. It might possibly be
made up of the same elements, be elected by the same
electors, and even in the main consist of the very
same persons as the existing Parliament of the United
Kingdom; but its nature would be changed, and its
power would be limited on all sides. It might
deal with Imperial expenditure, with foreign affairs,
with peace and war, with other matters placed within
its competence; on every other point the British Congress
would, like the American Congress, be powerless.
Nor would all the powers taken from the Congress be
necessarily given to the local assemblies. Every
analogy points the other way. If the example of
the United States is to be followed, articles of the
constitution would limit the power both of the Imperial
Congress and of the local representative assemblies.
This limitation of authority could not be measured
by what appears on the face of the constitution.
Some council, tribunal, or other arbiter—let
us, for the sake of simplicity, call it the Federal
Court—would have authority to determine
whether a law was or was not constitutional, or, in
other words, whether it was or was not a law.
Let no one fancy that the restraint placed on the power
of ordinary legislation by the authority of a Federal