The belief - which one finds in Locke and in most writers of his time - that any honest man can know what is just and lawful, is one that does not allow for the strength of party bias on both sides, or for the difficulty of establishing a tribunal, whether outwardly or in mens consciences, that shall be capable of pronouncing authoritatively on vexed questions. In practice, such questions, if sufficiently important, are decided simply by power, not by justice and law. Some such view is essential to any doctrine that divides governmental power. Where such a power is embodied in the Constitution, the only way to avoid occasional civil war is to practice compromise and common sense. But compromise and common sense are habits of mind, and cannot be embodied in a written constitution.p. 638.

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