Section v
From all that I have said in the preceding pages, we can now define the precise sense and substance of the word “constitution “in the three countries. The type of a French constitution is an imperative law promulgated by the nation calling up the hierarchy of political powers out of chaos and organizing them. The English Constitution is essentially a compact between a small number of ancient corporations — legal persons — who are immemorial depositaries of a part of the public power. The Federal Constitution of the United States is in form an imperative law carrying out the organization and fixing the attributes of the central and superior powers; in this point it can be classed with the French constitutions. But this law rests on a treaty between several distinct and sovereign political bodies, uniting to create, and at the same time to limit, the power of the nation.
The consequences of the differences and resemblances brought out by these three definitions are numerous. Several have been noticed in the course of this volume. I shall here recapitulate those only which affect the conception of sovereignty. The foundations of sovereignty, its essence, its limits, its organization, as well as the form and spirit of the documents which proclaim it, are points on which, up to this day, the Anglo-Saxon Constitutions present special characteristics. In these points I may add their likeness to each other is less
