certain special occasions when the two houses meet together and act in
concert: first, for the election of the Federal Council, which
corresponds in a general way to our President and his Cabinet;
secondly, for the election of the Federal Tribunal; thirdly, for that
of the Chancellor of the Confederation, an official whose duties seem
to be those of a secretary to the Federal Council and Federal
Assembly, and fourthly, for that of the Commander-in-Chief in case of
war. The attributes of the Swiss Federal Tribunal, though closely
resembling those of our Supreme Court, are not identical with them,
for the Swiss conception of the sovereignty of the people is quite
different from our own. Their Federal Assembly is the repository of
the national sovereignty, and, therefore, no other body can override
its decisions. The Supreme Court of the United States tests the
constitutionality of laws passed by Congress which may be submitted to
it for examination, thus placing itself as arbiter over the
representatives of the people; but the Federal Tribunal must accept as
final all laws which have passed through the usual channels, so that
its duty consists merely in applying them to particular cases without
questioning their constitutionality.
If there is a certain resemblance between the Federal Assembly and our
Congress, and between the Federal Tribunal and our Supreme Court,
there is on the other hand a striking difference between the Federal
Council and our presidential office.
The Swiss Constitution does not intrust the executive power to one
man, as our own does, but to a Federal Council of seven members,
acting as a sort of Board of Administration. These seven men are
elected for a fixed term of three years, out of the ranks of the whole
body of voters throughout the country, by the two Houses, united in
joint session. Every year they also designate, from the seven members
of the Federal Council, the two persons who shall act as President and
Vice-President of the Swiss Confederation. The Swiss President is,
therefore, only the chairman of an executive board, and presents a
complete contrast to the President of the United States, who is
virtually a monarch, elected for a short reign. Sir Henry Maine says
in his book on "Popular Government," that somewhat exasperating but
always instructive arraignment of democracy: "On the face of the
Constitution of the United States, the resemblance of the President of
the United States to the European king, and especially to the King of
Great Britain, is too obvious to mistake. The President has, in
various degrees, a number of powers which those who know something of
kingship in its general history recognize at once as peculiarly
associated with it and with no other institution." In truth he is
vested with all the attributes of sovereignty during his term of
office. He holds in his hand the whole executive power of the
government; he is Commander-in-Chief of the army and navy; possesses a
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account