Experiments in Government and the Essentials of the ConstitutionRoot, Elihu
History
Experiments in Government and the Essentials of the Constitution
Root, Elihu
United States -- Politics and government
intolerable and alien to the idea of free self-government, but it would be
beyond the power of a central government to do directly. Decentralization
would be made necessary by the mass of government business to be
transacted, and so our separate localities would come to be governed by
delegated authority--by proconsuls authorized from Washington to execute
the will of the great majority of the whole people. No one can doubt that
this also would lead by its different route to the separation of our Union.
Preservation of our dual system of government, carefully restrained in each
of its parts by the limitations of the constitution, has made possible our
growth in local self-government and national power in the past, and, so far
as we can see, it is essential to the continuance of that government in the
future.
All of these three classes of constitutional limitations are therefore
necessary to the perpetuity of our government. I do not wish to be
understood as saying that every single limitation is essential. There are
some limitations that might be changed and something different substituted.
But the system of limitation must be continued if our governmental system
is to continue--if we are not to lose the fundamental principles of
government upon which our Union is maintained and upon which our race has
won the liberty secured by law for which it has stood foremost in the
world.
Lincoln covered this subject in one of his comprehensive statements that
cannot be quoted too often. He said in the first inaugural:
"A majority held in restraint by constitutional checks and limitations
and always changing easily with deliberate changes of popular opinion
and sentiments the only true sovereign of a free people. Whoever
rejects it does of necessity fly to anarchy or despotism."
Rules of limitation, however, are useless unless they are enforced. The
reason for restraining rules arises from a tendency to do the things
prohibited. Otherwise no rule would be needed. Against all practical rules
of limitation--all rules limiting official conduct, there is a constant
pressure from one side or the other. Honest differences of opinion as
to the extent of power, arising from different points of view make this
inevitable, to say nothing of those weaknesses and faults of human nature
which lead men to press the exercise of power to the utmost under the
influence of ambition, of impatience with opposition to their designs, of
selfish interest and the arrogance of office. No mere paper rules will
restrain these powerful and common forces of human nature.
Public-domain text, read in full here on John Shaqi.
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