History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
A serious question, however, has been made, whether the interests of
the public service, involved in the relations of the two departments,
would not have been placed upon a better footing, if some of the
higher officers of state had been admitted to hold seats in the
legislature. Under the English constitution, there is no practical
difficulty, at least in modern times, in determining the general
principle that is to distinguish between the class of officers who
can, and those who cannot, be usefully allowed to have seats in the
House of Commons. The principle which, after much inconsistent
legislation and many abortive attempts to legislate, has generally
been acted on since the reign of George II., is, that it is both
necessary and useful to have in that House some of the higher
functionaries of the administration; but that it is not at all
necessary, and not useful, to allow the privilege of sitting in
Parliament to subordinate officers.[178] The necessity of the case
arises altogether from the peculiar relations of the ministry to the
crown, and of the latter to the Commons. If the executive government
were not admitted, through any of its members, to explain and
vindicate its measures, to advocate new grants of authority, or to
defend the prerogatives of the crown, the popular branch of the
legislature would either become the predominant power in the state, or
sink into insignificance. This is conceded by the severest writers on
the English government.
But when we pass from a civil polity which it has taken centuries to
produce, and which has had its departments adjusted much less by
reference to exact principles than by the results of their successive
struggles for supremacy over each other, and when we come to an
original distribution of powers, in the arrangements of a constitution
made entire and at once by a single act of the national will, we must
not give too much effect to analogies which after all are far from
being complete. In preparing the Constitution of the United States,
its framers had no prerogative, in any way resembling that of the
crown of England, to consider and provide for. The separate powers to
be conferred on the chief magistracy--aside from its concurrence in
legislation--were simply executive and administrative; the office was
to be elective, and not hereditary; and its functions, like those of
the legislature, were to be prescribed with all the exactness of which
a written instrument is capable. There was, therefore, little of such
danger that the one department would silently or openly encroach on
the rights or usurp the powers of the other, as there is where there
exists hereditary right on the one side and customary right on the
other, and where the boundaries between the two departments are to be
traced by the aid of ancient traditions, or collected from numerous
and perhaps conflicting precedents. There was no such necessity,
therefore, as there is in England, for placing members of the
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