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
It is wholesome to observe how much of our own institutions rests upon
the same basis, upon no other foundations than those that are laid in
the opinions of the people. It is within the undoubted constitutional
power of Congress, for example, to overwhelm the opposition of the
Supreme Court upon any question by increasing the number of justices
and refusing to confirm any appointments to the new places which do
not promise to change the opinion of the court. Once, at least, it
was believed that a plan of this sort had been carried deliberately
into effect. But we do not think of such a violation of the spirit of
the Constitution as possible, simply because we share and contribute
to that public opinion which makes such outrages upon constitutional
morality impossible by standing ready to curse them. There is a close
analogy between this virtual inviolability of the Supreme Court and the
integrity hitherto vouchsafed to the English House of Lords. There may
be an indefinite creation of peers at any time that a strong ministry
chooses to give the sovereign its imperative advice in favor of such
a course. It was, doubtless, fear of the final impression that would
be made upon public opinion by action so extraordinary, as much as the
timely yielding of the Lords upon the question at issue, that held the
ministry back from such a measure, on one notable occasion. Hitherto
that ancient upper chamber has had in this regard the same protection
that shields our federal judiciary.
It is not essentially a different case as between Congress and the
Executive. Here, too, at the very centre of the Constitution, Congress
stands almost supreme, restrained by public opinion rather than by law.
What with the covetous admiration of the presidency recently manifested
by some alarmed theorists in England, and the renewed prestige lately
given that office by the prominence of the question of civil service
reform, it is just now particularly difficult to apply political facts
to an analysis of the President’s power. But a clear conception of his
real position is for that very reason all the more desirable. While
he is a dominant figure in politics would seem to be the best time to
scrutinize and understand him.
It is clearly misleading to use the ascendant influence of the
President in effecting the objects of civil service reform as an
illustration of the constitutional size and weight of his office.
The principal part in making administration pure, business-like, and
efficient must always, under any conceivable system of government,
be taken by the executive. It was certainly taken by the executive
in England thirty years ago; and that much in opposition to the will
of Parliament. The prominence of our President in administrative
reform furnishes no sufficient ground for attributing a singularity of
executive influence to the government of this country.
Public-domain text, read in full here on John Shaqi.
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