Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
There are two different modes of organizing a federal union. The
federal authorities may represent the governments solely, and their
acts may be obligatory only on the governments as such, or they may
have the power of enacting laws and issuing orders which are binding
directly on individual citizens. The former is the plan of the German
so-called Confederation, and of the Swiss Constitution previous to
1847. It was tried in America for a few years immediately following
the War of Independence. The other principle is that of the existing
Constitution of the United States, and has been adopted within the
last dozen years by the Swiss Confederacy. The Federal Congress of the
American Union is a substantive part of the government of every
individual state. Within the limits of its attributions, it makes laws
which are obeyed by every citizen individually, executes them through
its own officers, and enforces them by its own tribunals. This is the
only principle which has been found, or which is ever likely to
produce an effective federal government. A union between the
governments only is a mere alliance, and subject to all the
contingencies which render alliances precarious. If the acts of the
President and of Congress were binding solely on the governments of
New York, Virginia, or Pennsylvania, and could only be carried into
effect through orders issued by those governments to officers
appointed by them, under responsibility to their own courts of
justice, no mandates of the federal government which were disagreeable
to a local majority would ever be executed. Requisitions issued to a
government have no other sanction or means of enforcement than war,
and a federal army would have to be always in readiness to enforce the
decrees of the federation against any recalcitrant state, subject to
the probability that other states, sympathizing with the recusant, and
perhaps sharing its sentiments on the particular point in dispute,
would withhold their contingents, if not send them to fight in the
ranks of the disobedient State. Such a federation is more likely to be
a cause than a preventive of internal wars; and if such was not its
effect in Switzerland until the events of the years immediately
preceding 1847, it was only because the federal government felt its
weakness so strongly that it hardly ever attempted to exercise any
real authority. In America, the experiment of a federation on this
principle broke down in the first few years of its existence, happily
while the men of enlarged knowledge and acquired ascendancy who
founded the independence of the Republic were still alive to guide it
through the difficult transition. The "Federalist," a collection of
papers by three of these eminent men, written in explanation and
defense of the new federal Constitution while still awaiting the
national acceptance, is even now the most instructive treatise we
possess on federal government. In Germany, the more imperfect kind of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account