It is in no hypercritical spirit that attention is called to this rather remarkable error in the report of Mr. Steffens. It is because the Soviet form of government has “been written into the forms of law” with so much thoroughness and detail that we are enabled to examine Bolshevism at its best, as its protagonists have conceived it, and not merely as it appears in practice, in its experimental stage, with all its mistakes, abuses, and failures. After all, a written constitution is a formulation of certain ideals to be attained and certain principles to be applied as well as very imperfect human beings can do it. Given a worthy ideal, it would be possible to make generous allowance for the deficiencies of practice; to believe that these would be progressively overcome and more or less constant and steady progress made in the direction of the ideal. On the other hand, when the ideal itself is inferior to the practice, when by reason of the good sense and sound morality of the people the actual political life proves superior to the written constitution and laws, it is not difficult to appreciate the fact. In such circumstances we are not compelled to discredit the right practice in order to condemn the wrong theory. It is true that as a general rule mankind sets its ideals beyond its immediate reach; but it is also true that men sometimes surpass their ideals. Most men’s creeds are superior to their deeds, but there are many men whose deeds are vastly better than their creeds.
Similarly, while the political life of nations generally falls below the standards set in their formal constitutions and laws, exceptions to this rule are by no means rare. Constitutions are generally framed by political theorists and idealists whose inveterate habit it is to overrate the mental and moral capacity of the great majority of human beings and to underrate the force of selfishness, ignorance, and other defects of imperfect humanity. On the other hand, constitutions have sometimes been framed by selfish and ignorant despots, inferior in character and intelligence to the majority of the human beings to be governed by the constitutions so devised. Under the former conditions political realities fail to attain the high levels of the ideals; under the latter conditions they rise above them. Finally, people outgrow constitutions as they outgrow most other political devices and social arrangements. In old civilizations it is common to find political life upon a higher level than the formal constitutions, which, unrepealed and unamended, have in fact become obsolete, ignored by the people of a wiser and more generous age.