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Such a conception would have been impossible in that stage of the law . The referendum is , in short , merely the dear recognition in its negative form of that sovereignty of the nation of which under a system of popular government every leading statesman admits the existence . He says , " And that warranty must be made to assigns according to the form of the gift is proved [ by a case ] in the circuit of W. de Ralegh , about the end of the roll , " & c. / 2 / It is not justifiable to assume that a contemporary explanation of a new rule had nothing to do with its appearance . The usual reaction to proposals to select judges by some sortition process is that it would not result in selecting the most qualified persons for those positions , which require a high level of legal training and ability . To a lawyer , on the other hand , the primary object of study is the law as it now stands ; he is only secondarily occupied with ascertaining how it came into existence . If one state of a federation greatly exceed in its numbers and in its resources the power of each of the other states , and still more if such " dominant partner , " to use a current expression , greatly exceed the whole of the other Confederated States in population and in wealth , the confederacy will be threatened with two dangers . England and the whole British Empire with her have taken up the sword and thereby have risked the loss of wealth , of prosperity , and even of political existence . But , on the other hand , the other states , if they should possess under the constitution rights equal to the rights or the political power left to the dominant partner , may easily combine to increase unduly the burdens , in the way of taxation or otherwise , imposed upon the one most powerful state . Nor can any one who studies the present condition of English society seriously believe that , under any system whatever , an institution deliberately condemned by the voice of the people can for a long time be kept in existence .