The Constitution of the United States

The Constitution of the United
States

Project Gutenberg's The Constitution of the United States, by James M.
Beck This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net
Title: The Constitution of the United States A Brief Study of the
Genesis, Formulation and Political Philosophy of the Constitution
Author: James M. Beck
Release Date: November 12, 2003 [EBook #10065]
Language: English
Character set encoding: ISO-8859-1
*** START OF THIS PROJECT GUTENBERG EBOOK THE
CONSTITUTION ***

Produced by Afra Ullah, Dave Morgan and PG Distributed
Proofreaders

[Illustration: Photo Henry Dixon & Son _From the Portrait painted by
Harrington Mann for Gray's Inn_]

JAMES M. BECK
HONORARY BENCHER OF GRAY'S INN

The Constitution of the United States
_A brief Study of the Genesis, Formulation and Political Philosophy of
the Constitution of the United States_
By James M. Beck, LL.D.
Solicitor-General of the United States, Honorary Bencher of Gray's Inn
With a Preface by The Earl of Balfour
"_Where there is no vision, the people perish; but he that keepeth the
Law, happy is he."--Proverbs xxix_. 18
"_Remove not the ancient landmark, which thy fathers have
set."--Proverbs xxii_. 28

TO THE HON. HARRY M. DAUGHERTY
ATTORNEY-GENERAL OF THE UNITED STATES
A TRUE AND LOYAL FRIEND, A FAIR AND CHIVALROUS FOE
With whom it is the author's great privilege to collaborate as
Solicitor-General in defending and vindicating in the Supreme Court of
the United States the principles and mandates of its Constitution
Chamonix,
July 14 1922

Preface by the Earl of Balfour[1]
I have been greatly honoured by your invitation to take the chair on this
interesting occasion. It gives me special pleasure to be able to introduce
to this distinguished audience my friend, Mr. Beck, Solicitor-General
of the United States. It is a great and responsible office; but long before
he held it he was known to the English public and to English readers as
the author who, perhaps more than any other writer in our language,
contributed a statement of the Allied case in the Great War which
produced effects far beyond the country in which it was written or the
public to which it was first addressed. Mr. Beck approached that great
theme in the spirit of a great judge; he marshalled his arguments with
the skill of a great advocate, and the combination of these
qualities--qualities, highly appreciated everywhere, but nowhere more
than in this Hall and among a Gray's Inn audience--has given an
epoch-making character to his work. To-day he comes before us in a
different character. He is neither judge nor advocate, but historian: and
he offers to guide us through one of the most interesting and important
enterprises in which our common race has ever been engaged.
The framers of the American Constitution were faced with an entirely
new problem, so far, at all events, as the English-speaking world was
concerned; and though they founded their doctrines upon the English
traditions of law and liberty, they had to deal with circumstances which
none of their British progenitors had to face, and they showed a
masterly spirit in adapting the ideas of which they were the heirs to a
new country and new conditions. The result is one of the greatest pieces
of constructive statesmanship ever accomplished. We, who belong to
the British Empire, are at this moment engaged, under very different
circumstances, in welding slowly and gradually the scattered fragments
of the British Empire into an organic whole, which must, from the very
nature of its geographical situation, have a Constitution as different
from that of the British Isles, as the Constitution of the British Isles is
different from that of the American States. But all three spring from
one root; all three are carried out by men of like political ideals; all
three are destined to promote the cause of ordered liberty throughout
the world. In the meanwhile we on this side of the Atlantic cannot do

better than study, under the most favourable and fortunate conditions,
the story of the great constitutional adventure which has given us the
United States of America.
A.J.B.
[Footnote 1: [Address of the Earl of Balfour as Chairman on the
occasion of the delivery on June 13, 1922, in Gray's Inn of the first of
the lectures herein reprinted.]]

Introduction by Sir John Simon, K.C.[2]
I have the privilege and the honour of adding a few words to express
our thanks to the Solicitor-General of the United States for this
memorable course of lectures. They are memorable alike for their
subject and their form; alike for the place in which we are met