Hamilton was outspoken in preferring the English model, and I am not
aware that Washington ever expressed a preference for the theory that,
because of a written fundamental law, the court should nullify
legislation. Nor is it unworthy of remark that all foreigners, after a
prolonged and attentive observation of our experiment, have avoided it.
Since 1789, every highly civilized Western people have readjusted their
institutions at least once, yet not one has in this respect imitated
us, though all have borrowed freely from the parliamentary system of
England.[6]
Even our neighbor, Canada, with no adverse traditions and a population
similar to ours, has been no exception to the rule. The Canadian courts
indeed define the limits of provincial and federal jurisdiction as fixed
under an act of Parliament, but they do not pretend to limit the
exercise of power when the seat of power has been established. I take
the cause of this distrust to be obvious. Although our written
Constitution was successful in its primary purpose of facilitating the
consolidation of the Confederation, it has not otherwise inspired
confidence as a practical administrative device.
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