Note 3 — Chapter I · FREEDOM OF SPEECH IN WAR TIME
Reading edition
A. V. Dicey, Law of the Constitution, 8 ed., 130: “This curious result therefore ensues. The restrictions placed on the action of the legislature under the French constitution are not in reality laws, since they are not rules which in the last resort will be enforced by the Courts. Their true character is that of maxims of political morality, which derive whatever strength they possess from being formally inscribed in the constitution and from the resulting support of public opinion. What is true of the constitution of France applies with more or less force to other polities which have been formed under the influence of French ideas.”
Probably some Americans anticipated only the same effect from our bills of rights, not realizing that an unconstitutional statute would be held unenforceable. Spencer said in the North Carolina Convention: “If a boundary were set up, when the boundary is passed, the people would take notice of it immediately.” 4 Elliot’s Debates (2 ed.) 175.