Page:Congressional Government.djvu/335

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reformed House of Commons truly representative of the nation and readily obeyed by a responsible Ministry. The sovereignty was at see-saw between the throne and the parliament,—and the throne-end of the beam was generally uppermost. Our device of separated, individualized powers was very much better than a nominal sovereignty of the Commons which was suffered to be overridden by force, fraud, or craft, by the real sovereignty of the King. The English Constitution was at that time in reality much worse than our own; and, if it is now superior, it is so because its growth has not been hindered or destroyed by the too tight ligaments of a written fundamental law.

The natural, the inevitable tendency of every system of self-government like our own and the British is to exalt the representative body, the people’s parliament, to a position of absolute supremacy. That tendency has, I think, been quite as marked in our own constitutional history as in that of any other country, though its power has been to some extent neutralized, and its progress in great part stayed, by those denials of that supremacy which we respect because they are written in our law. The political law written in our hearts is here at variance with that which the Constitution sought to establish. A written constitution may and often will be violated in