Lippincott's Magazine of Popular Literature and Science, Volume 26, July 1880.Various
Science
Lippincott's Magazine of Popular Literature and Science, Volume 26, July 1880.
Various
Literature, Modern -- 19th century -- Periodicals; Science -- Periodicals
We are aided in making this comparison by a lecture delivered recently
before the Law Academy of Philadelphia, and since published as a
pamphlet, in which form we hope it may obtain the wide circulation and
general attention which it well merits. In a rapid sketch of the
development and present working of the English constitution the author,
Judge Hare, shows how the government, which, in theory at least, was
originally a personal one, has come to be parliamentary and in the
strictest sense popular, that branch of the legislature which is elected
by the people having raised itself from a subordinate position "to be
the hinge on which all else depends, controlling the House of Lords,
selecting the ministers and wielding through them the power of the
Crown." Hence a complete harmony, which whenever it is broken is
instantly restored, between the executive and the legislature, the
latter in turn being the organ of the public sentiment, which acts
through unobstructed channels and can neither be defied nor evaded. In
America, on the other hand, to say nothing of those organic provisions
of the Constitution which render the executive and the two branches of
the legislature mutually independent, and sometimes, consequently, out
of harmony with each other, divergent in their action and liable to an
absolute deadlock, the method by which it was directly intended to
secure the result that has been fortuitously obtained in
England--namely, the selection of an executive by a deliberative
assembly chosen by the people--has been practically subverted and its
purpose utterly frustrated. The Electoral Colleges do not elect, but
merely report the result of an election. This, on the surface, is a
change in the direction of a more complete democracy. What was devised
as a check on the popular impulse of the moment has broken down, and the
people have taken into their own hands the mission they were expected to
entrust to a small representative body. But, while thus assuming an
apparently absolute freedom of choice, they virtually, and we may say
necessarily, surrendered to small, nominally representative, bodies the
designation of the persons between whom the choice must be made. These
bodies, unknown to the Constitution, not elected or convoked or
regulated by any processes or forms of law, have taken upon themselves
all the functions of the electors, except that it is left to the people
to throw the casting vote. Now, whatever may be thought of the actual
workings of this system, it seems to us to be in itself the result of a
change as natural and legitimate as any that has taken place in the
practice of the English constitution. The Electoral College was one of
those devices which are theoretically simple and beautiful, but which
have never worked beneficially since the world began; and we have
perhaps some reason to be grateful that it was virtually superseded
before it had time to become the focus of intrigue and corruption which
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