Congressional government : $b a study in American politics — John Shaqi
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
Judge Cooley, in his admirable work on "The Principles of American
Constitutional Law," after quoting Mr. Adams's enumeration of the checks
and balances of the federal system, adds this comment upon Mr. Adams's
concluding statement that that system is an invention of our own. "The
invention, nevertheless, was suggested by the British Constitution, in
which a system almost equally elaborate was then in force. In its
outward forms that system still remains; but there has been for more
than a century a gradual change in the direction of a concentration of
legislative and executive power in the popular house of Parliament, so
that the government now is sometimes said, with no great departure from
the fact, to be a government by the House of Commons." But Judge Cooley
does not seem to see, or, if he sees, does not emphasize the fact, that
our own system has been hardly less subject to "a gradual change in the
direction of a concentration" of all the substantial powers of
government in the hands of Congress; so that it is now, though a wide
departure from the form of things, "no great departure from the fact" to
describe ours as a government by the Standing Committees of Congress.
This fact is, however, deducible from very many passages of Judge
Cooley's own writings; for he is by no means insensible of that
expansion of the powers of the federal government and that
crystallization of its methods which have practically made obsolete the
early constitutional theories, and even the modified theory which he
himself seems to hold.
He has tested the nice adjustment of the theoretical balances by the
actual facts, and has carefully set forth the results; but he has
nowhere brought those results together into a single comprehensive view
which might serve as a clear and satisfactory delineation of the
Constitution of to-day; nor has he, or any other writer of capacity,
examined minutely and at length that internal organization of Congress
which determines its methods of legislation, which shapes its means of
governing the executive departments, which contains in it the whole
mechanism whereby the policy of the country is in all points directed,
and which is therefore an essential branch of constitutional study. As
the House of Commons is the central object of examination in every study
of the English Constitution, so should Congress be in every study of our
own. Any one who is unfamiliar with what Congress actually does and how
it does it, with all its duties and all its occupations, with all its
devices of management and resources of power, is very far from a
knowledge of the constitutional system under which we live; and to every
one who knows these things that knowledge is very near.
II.
THE HOUSE OF REPRESENTATIVES.
No more vital truth was ever uttered than that freedom and free
institutions cannot long be maintained by any people who do not
understand the nature of their own government.
Public-domain text, read in full here on John Shaqi.
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