THE NATION AND THE CONSTITUTION
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struction not warranted by the intention j The dead hand of the past is oppressive of its founders, would be justly chargeable! when laid upon property, but becomes with reckless disregard of official oath and the worst form of tyranny when laid upon public duty." Thus Judge Cooley declares the powers of government. On the other our theory in his Constitutional Limitations. hand, if we exalt our constitutional prac Now let him speak as a historian in his tice to be the only rule of conduct, all the History of Michigan: benefits of written constitutions are swept "No instrument can be the same in mean away. The government becomes solely ing to-day and forever and in all men's a control by the majority. Oblivious of minds. As the people change so does their the wisdom of the past, it is ruled by the written constitution change also. They see passions and prejudices of the hour. The it in new lights and with different eyes: nation has been wiser than the partisans of either our theory or our practice. In events may have given unexpected illumi nation to some of its provisions, and what utter disregard of nice logical consistency, they read one way before they read a very it has insisted upon combining them both, different way now. . . . We may think we and in their union has found that mingling of have the constitution all before us, but for flux and permanence which constitutes the practical purposes the constitution is that living principle of every great historic nation. A people situated as we are is without which the government in its several depart ments, and the people in the performance the steadying forces which alone can give of their duties as citizens, recognize and a wholesome and beneficent political respect as such, and nothing else is. Cer growth. We have none of the usages vantes says: ' Every one is the son of his and traditions of a historic nation. We own work.' This is more emphatically true are not only new in time, but new in con of an instrument of government than it can dition. We started in a new world, remote possibly be of a natural person. What it from all old-world associations, and pro takes to itself, though at first unwarrantable, foundly conscious of our freedom. In helps to make it over into a new instrument throwing off the abuses of the past the of government,. and it represents at last the tendency has been to discard the wisdom acts done under it." of its experience. The written constitution At this time when constitutional ques supplies this steadying influence. It has tions are being discussed with unusual done for us what custom, tradition, estab zeal, it has seemed to me worth while to lished order and historic life do for the bring before us in a single vision both these nations of the old world. In it we have aspects of our constitutional life. They treasured up for ourselves the wisdom of have seldom been looked at together, but the past, not merely as a measure of govern in debate each side has put forward the mental power, but also as a test of govern one or the other according to its immediate mental policy. We are much nearer an absolute democ needs. They embody the progressive and conservative forces of the nation. To give racy now than when the Constitution was over the entire field to either would be adopted, and have a correspondingly in equally disastrous. If we accept the notion creased need of its restraining force. Most that our Constitution is absolutely rigid and of those nice restraints which its framers changeless, our government becomes a kind sought to interpose between the people of legal Calvinism, logically perfect, per and their government have been abolished haps, but wholly unfit for life. The national in practice. The only one that is left, the growth would be cramped and arrested, indirect method of electing senators, is and confined to a purely historic mould. rapidly disappearing. Party organization
