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So a disseisor , abator , intruder , or the lord by escheat , & c ., shall have them as things annexed to the land . It will be remembered that one of the Roman jurists said that a legatarius ( legatee or devisee ) was in a certain sense quasi heres . The dear statement which that work contains of the difference between our so-called " written law " and " our conventional constitution , " originally led me to seek for an answer to the inquiry , what may be the true source whence constitutional understandings , which are not laws , derive their binding power , whilst the equally vigorous statements contained in the same book of the aspect in which the growth of the constitution presents itself to an historian forced upon my attention the essential difference between the historical and the legal way of regarding our institutions , and compelled me to consider whether the habit of looking too exclusively at the steps by which the constitution has been developed does not prevent students from paying sufficient attention to the law of the constitution as it now actually exists . Our Imperialists really aim , and the fact must be constantly borne in mind , at federalising the relation not between England and the rest of the Empire , but between England and the five self-governing Dominions . The power of an elector to elect is as completely abolished by constitutional understandings in America as is the royal right of dissent from bills passed by both Houses by the same force in England . The truth of this assertion is proved by actual legislation , by the existence among some classes of a certain distrust both of the law and of the judges , and by a marked tendency towards the use of lawless methods for the attainment of social or political ends . The wide gift of the elective franchise will be a great calamity to the whole nation , and to those who gain it as great a calamity as to any . They forbade the existence of a common coinage ; they allowed any one canton to protect the financial interest of its citizens against competition by the inhabitants of every other canton . There may dearly arise cases in which a fair difference of opinion may exist on the question whether the Speaker can honestly give the required certificate .