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Federalism has been described by Dicey as "a political contrivance intended to reconcile national unity and power with the maintenance of 'state right'". Dr. Schmitt, a contemporary German student of federal institutions, has stated that "the nature of union consists in a dualism of the political existence, in a combination of federative common existence and political unity on the one hand with the continuance of plurality, of a pluralism of political individual unities, on the other". Lord Bryce had expressed the same thought in more picturesque language in his earlier study of federal institutions in the United States.The central or national government and the State governments may be compared to a large building and a set of smaller buildings standing on the same ground yet distinct from each other. It is a combination sometimes seen where a great church has been erected over more ancient homes of worship. First the soil is covered by a number of small shrines and chapels, built at different times and in different styles of architecture, each complete in itself. Then over them and including them all in its spacious fabric there is reared a new pile with its own loftier roof, its own walls, which may rest upon and incorporate the walls of the older shrines, its own internal plan. The identity of the earlier buildings has, however, not been obliterated; and if the later and larger structure were to disappear, a little repair would enable them to keep out wind and weather, and be again what they once were, distinct and separate edifices.

The professions, conceived as a select body of superior occupations, have existed from time immemorial, although their identity has often been in dispute. The ancients wrote and argued about them, while Herbert Spencer traced their origin among primitive peoples. The earliest view to which we need here pay attention was that occupations should be judged and valued according to their compatibility with the good life. They were to be tested by their effect on the giver of the service rather than on the recipient. The professions were, in English parlance, the occupations suitable for a gentleman. This idea naturally flourished in societies which distinguished sharply between life lived as an end in itself, and life passed in pursuit of the means which enable others to live as free civilized men should. The professions in such a society were those means to living which were most innocuous, in that they did not dull the brain, like manual labour, nor corrupt the soul, like commerce. They even contained within themselves qualities and virtues which might well find a place among the ends of the good life itself. Leisure, based on the ownership of land or of slaves, was the chief mark of aristocracy, and here too the professions were but slightly inferior. For leisure does not mean idleness. It means the freedom to choose your activities according to your own preferences and your own standards of what is best. The professions, it was said, enjoyed this kind of freedom, not so much because they were free from the control of an employer—that was assumed—but rather because, for them, choice was not restricted and confined by economic pressure. The professional man, it has been said, does not work in order to be paid: he is paid in order that he may work. Every decision he takes in the course of his career is based on his sense of what is right, not on his estimate of what is profitable. That, at least, is the impression he would like to create when defending his claim to superior status.