Page:Studies in constitutional law Fr-En-US (1891).pdf/171

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to dispose of them despotically without much caring to humour their prejudices. French constitutions further appeal to a people brought back to the indefinite state of nature by the fall of their historical institutions, and gifted anew with an extraordinary plasticity by the ruin of the strong old framework which held the citizens together in fixed compact aggregates. Our philosopher must feel that he has more than enough power to stir up these heaps of human atoms according to his fancy, to bind them together, or to divide them in different ways — in fact to mould them into what he happens to think the best form. In his mind, therefore, there exists a virtually perfect combination of absolute might and absolute right. He needs to make a great effort of reason to prevent dreams from appearing to him easily attainable realities, and it is difficult for him to remember that, among the infinite number of combinations which seem to lie at his disposal, he can hardly expect to find that one which is destined to realize the dream of absolute justice combined with universal happiness. Hence profound idealism and unmistakable optimism are fundamental characteristics of the constitutional creations of the French nation. We find in these creations noble, large, and humane inspirations, which seem to disappear at certain periods of reaction, but which reappear with that sudden power of rejuvenescence of which the French have the secret. This was very noticeable in 1848. But this combination of idealism and optimism naturally increases the ambition, and encourages the presumption, of the state. The state is not sufficiently

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