Behind the Mirrors: The Psychology of Disintegration at WashingtonGilbert, Clinton W. (Clinton Wallace)
History
Behind the Mirrors: The Psychology of Disintegration at Washington
Gilbert, Clinton W. (Clinton Wallace)
Harding, Warren G. (Warren Gamaliel), 1865-1923; United States -- Politics and government -- 1921-1923
When President Harding asked the advice of the Senate whether he should
revive an old treaty with Germany suspended by the war, pointing proudly
to the tenderness he was showing the partner of his political joys, he
conceded an authority in the legislative branch which neither the
Constitution nor our traditions had placed there. He took a step toward
recognizing the prospective dominance of Congress. It was one of many.
It is a long distance, as political institutions are measured, from
President Wilson's telling the Senate that it must bow to his will even
in dotting the i's and crossing the t's of the Versailles Treaty, to
Mr. Harding's asking the Senate what was its will regarding the old
German treaty. Foreign relations are precisely the field where the
executive power seems by the Constitution to have been most clearly
established, yet it is just here that the legislative branch has made
its most remarkable advance toward a dominating position; perhaps
because this topic gained a temporary importance from the war and it was
naturally in the most significant area that the conflict between the two
branches of the government had to break out.
When President Harding introduced the treaties and pacts resulting from
the Washington Conference into the Senate, he said that he had been a
Senator and knew the Senate views, and that all the agreements he was
offering for ratification had been negotiated with scrupulous regard to
the Senate's will. And he pleaded with the Senate not to disavow the
Executive and impair its standing in the conduct of foreign relations.
No more complete avowal could be made of the dominant position which the
Senate has come to occupy in the diplomatic affairs of the country.
In the field where he was supposed legally to have the initiative the
President became expressly the agent of the Senate. The Senate laid out
the limits of policy and the Executive scrupulously, so he said,
observed those limits.
This speech of Mr. Harding's, like his consulting the Senate in advance
upon the reviving of the German treaty, is one of the significant
evidences of the shift of power that is taking place, away from the
Executive toward the Legislative. It did not attract the attention it
deserved because our minds are still full of the past when the
Presidency was a great office under Wilson and Roosevelt. We read of Mr.
Harding's going to the hill to tell Congress what it must do, and we
ignore the fact that he always does so when Congress sends for him,
acting as their agent.
The King still makes his speech to Parliament, though the speech is
written by the ministers. They are his ministers, though Parliament
selects them. The power of the King is a convenient fiction. The power
of the President will always remain a convenient fiction, even if it
should come to have no more substance than that of the King.
Public-domain text, read in full here on John Shaqi.
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