Congressional government : $b a study in American politicsWilson, Woodrow
History
Congressional government : $b a study in American politics
Wilson, Woodrow
Executive power -- United States; United States -- Politics and government; United States. Congress
The leading inquiry in the examination of any system of government must,
of course, concern primarily the real depositaries and the essential
machinery of power. There is always a centre of power: where in this
system is that centre? in whose hands is self-sufficient authority
lodged, and through what agencies does that authority speak and act?
The answers one gets to these and kindred questions from authoritative
manuals of constitutional exposition are not satisfactory, chiefly
because they are contradicted by self-evident facts. It is said that
there is no single or central force in our federal _scheme_; and so
there is not in the federal scheme, but only a balance of powers and a
nice adjustment of interactive checks, as all the books say. How is it,
however, in the practical conduct of the federal government? In that,
unquestionably, the predominant and controlling force, the centre and
source of all motive and of all regulative power, is Congress. All
niceties of constitutional restriction and even many broad principles of
constitutional limitation have been overridden, and a thoroughly
organized system of congressional control set up which gives a very rude
negative to some theories of balance and some schemes for distributed
powers, but which suits well with convenience, and does violence to none
of the principles of self-government contained in the Constitution.
This fact, however, though evident enough, is not on the surface. It
does not obtrude itself upon the observation of the world. It runs
through the undercurrents of government, and takes shape only in the
inner channels of legislation and administration which are not open to
the common view. It can be discerned most readily by comparing the
"literary theory" of the Constitution with the actual machinery of
legislation, especially at those points where that machinery regulates
the relations of Congress with the executive departments, and with the
attitude of the houses towards the Supreme Court on those occasions,
happily not numerous, when legislature and judiciary have come face to
face in direct antagonism. The "literary theory" is distinct enough;
every American is familiar with the paper pictures of the Constitution.
Most prominent in such pictures are the ideal checks and balances of the
federal system, which may be found described, even in the most recent
books, in terms substantially the same as those used in 1814 by John
Adams in his letter to John Taylor. "Is there," says Mr. Adams, "a
constitution upon record more complicated with balances than ours? In
the first place, eighteen states and some territories are balanced
against the national government.... In the second place, the House of
Representatives is balanced against the Senate, the Senate against the
House. In the third place, the executive authority is, in some degree,
balanced against the legislative. In the fourth place, the judicial
power is balanced against the House, the Senate, the executive power,
Public-domain text, read in full here on John Shaqi.
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