An old master, and other political essaysWilson, Woodrow
Science
An old master, and other political essays
Wilson, Woodrow
Political science; Smith, Adam, 1723-1790; United States -- Politics and government
When it came to pointing out the body of persons with which sovereignty
was lodged in particular states of complex constitutional structure,
Austin was sometimes very unsatisfactory. Sovereignty is lodged in
England, he says, in the king, the peers, and--_not_ the House of
Commons, but--the electorate. For he holds the House of Commons to be
merely a trustee of the electors, notwithstanding the fact that the
electors exercise their right of franchise under laws which Parliament
itself enacted and may change. In the United States he “believes” it to
be lodged “in the States’ governments, as forming an aggregate body;”
and he explains that by the government of a State he does not mean its
“ordinary legislature, but the body of its citizens which appoints
its ordinary legislature, and which, the Union apart, is properly
sovereign therein.” Apparently he is led thus to go back of the House
of Commons and the legislatures of our States to the electorates by
which they are chosen, because of his conception of sovereignty as
_unlimited_. If he stopped short of the electors, some part of his
sovereign body would be subject to political superiors. If he were to
go beyond the electors, to the larger body of the people--to the women
and the children and the men who cannot vote--he would come upon, not a
“determinate,” but an indeterminate body of persons.
Our own writers, however, having made bold to embrace the dogma of
popular sovereignty with a certain fervor of patriotism, have no
hesitation about taking the additional step. They maintain, with
Lieber, that “according to the views of free men,” sovereignty “can
dwell with society, the nation, only.” Writers like the late Judge
Jameson, of Chicago, declare that they have very definite ideas of what
this means. They think that Mr. Bryce expounded the doctrine when he
wrote his chapter on “Government by Public Opinion.” “When the true
sovereign has spoken,” says Judge Jameson, “at public meetings, by the
press, or by personal argument or solicitation, the electorate, when
it acts, either registers the behests of the people or ceases betimes
further to represent them.” “The pressure of public opinion consciously
brought to bear upon the electorate,” he declares to be, even when
“inarticulate” (whatever inarticulate pressure may be), “a clear and
legitimate exercise of sovereign power;” and he thinks that Mr. Herbert
Spencer meant the same thing when he declared that “that which, from
hour to hour, in every country, governed despotically or otherwise,
produces the obedience making political action possible, is the
accumulated and organized sentiment felt towards inherited institutions
made sacred by tradition,” inasmuch as Mr. Spencer proceeds to say
with all plainness, “Hence it is undeniable that, taken in its widest
acceptation, the feeling of the community is the sole source of
political power; in those communities, at least, which are not under
foreign domination.
Public-domain text, read in full here on John Shaqi.
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