Evening star., 1941-04-06

constitutionality is involved. Mr.
Churchill need consider only his sup
port in Parliament and the general
temper of public opinion There is none
of the network of guarantees for indi-
vidual rights which is written into our
Constitution, for the simple reason that
in England there is no written con-
Stitution.
AS result of this situation. which is
often difficult for Americans to under
stand, the average Englishman does not
possess that aggressively assertive atti-
tude about constitutional rights which
is literally the birthright of the Ameri-
can citizen.
Of course, this does not mean that the
Englishman is characteristically less alert
in the defense of liberties, individual or
collective. 1t does mean that he relies
on the agency of representative legis-
lature, and not on the courts. to defend
his hard-won freedom. And the Eng
ishman also knows that if Parliament
encroacheS on his personal liberty during
an emergency, the same agency can as
readily later restore what it has taken.
An American Supreme Court decision
can permanently confirm an extension
OF governmental powers at the expense
of the citizen. The passage of a law
by the British Parliament cannot.
British Are Adaptable.
Much has been written both on the
military unpreparedness Of the British
for the present war and on the remark
able morale and inspiring courage which
they have demonstrated under the most
terrifying onslaught in history. But
perhaps too little attention has been
paid to the exceptional capacity of the
British system of government for adapt
ing itself to just such strains as are
now imposed.
1t is probable that an underlying rea-
son for the unanticipated strength of
England is the present full utilization of
the many advantages afforded by a
flexible constitution, which frees those
in power from the lettering effects of
written organic law. Conversely the
rigid, inelastic. cumbersome Constitu-
ton of the third republic helps to ex-
plain why the French, who man for man
are as courageous as any people, COL
lapsed ignobly behind their formidable
Maginot Line.
To carry the thought through it must
be pointed out that the Nazis. also with
out a constitution, written or unwritten,
have a similar advantage over nations
t-oioI, For he
dividual in specific terms. In their free
dom from legaliStic restraints the British
and the German governments have
kindred strengths.
Liberties May Be Restored.
The British advantage, aside from
military considerations. lies in the knowl-
edge of the English people that indi-
vidual liberties temporarily infringed by
Parliament may later be restored by
Parliament. The German people have
no assurances to this end and many,
from the Fuehrer himself, to opposite
effect
The consideration leaves doubt whether
Cur written constitutional guarantees
Will VI CdIl Ue IlidlIlbdlIlCu II .lllSy SllOulu
ever be subjected to pressures similar to
those now endured by the British. It
is a doubt which will increase if the
wave of strikes in key industries indi-
Gates that substantial proportion of
the American people place their guar
anteed rights ahead of their national
security. And that, in all probability,
is what Representative Summers intended
to point out by his seemingly exaggerated
statement about the electric chair.
In time of emergency we realize that
there is a real distinction between the
State and its form of government. We
realize that to preserve the former men
will, as Lincoln did, take liberties with
the latter. They will do so hoping that
distortion of the form of government
is for the emergency only. But history
shows many instances, particularly in
the ~case of governments based on a
written constitution, where that hope
has proved vain.