Canada -- History -- 1841-1867; Elgin, James Bruce, Earl of, 1811-1863
On the other hand, in the United States, the speaker of the House of
Representatives becomes, from the very force of circumstances, a
political leader, and the spectacle is presented--in fact from the
time of Henry Clay--so strange to us familiar with English methods, of
decisions given by him with clearly party objects, and of committees
formed by him with purely political aims, as likely as not with a view
to thwart the ambition either of a president who is looking to a
second term or of some prominent member of the cabinet who has
presidential aspirations. And all this lowering of the dignity of the
chair is due to the absence of a responsible minister to lead the
House. The very position which the speaker is forced to take from time
to time--notably in the case of Mr. Reed[30]--is clearly the result of
the defects in the constitutional system of the United States, and is
so much evidence that a responsible party leader is an absolute
necessity in congress. A legislature must be led, and congress has
been attempting to get out of a crucial difficulty by all sorts of
questionable shifts which only show the inherent weakness of the
existing system.
In the absence of any provision for the unity of policy between the
executive and legislative authorities of the United States, it is
impossible for any nation to have a positive guarantee that a treaty
it may negotiate with the former can be ratified. The sovereign of
Great Britain enters into treaties with foreign powers with the advice
and assistance of his constitutional advisers, who are immediately
responsible to parliament for their counsel in such matters. In theory
it is the prerogative of the Crown to make a treaty; in practice it is
that of the ministry. It is not constitutionally imperative to refer
such treaties to parliament for its approval--the consent of the Crown
is sufficient; but it is sometimes done under exceptional
circumstances, as in the case of the cession of Heligoland. In any
event the action of the ministry in the matter is invariably open to
the review of parliament, and the ministry may be censured by an
adverse vote for the advice given to the sovereign, and forced to
retire from office. In the United States the senate must ratify all
treaties by a two-thirds vote, but unless there is a majority in that
House of the same political complexion as the president the treaty may
be refused. No cabinet minister is present, to lead the House, as in
England, and assume all the responsibility of the president's action.
It is almost impossible to suppose that an English ministry would
consent to a treaty that would be unpopular in parliament and the
country. The existence of the government would depend on its action.
In the United States both president and senate have divided
responsibilities. The constitution makes no provision for unity in
such important matters of national obligation.
Public-domain text, read in full here on John Shaqi.
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