The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
This system was in part due to the confident belief of the framers of
the Constitution in the Montesquieu doctrine of the division of
government into three independent departments--legislative, executive
and judicial; but experience has shown how difficult it is to apply this
doctrine in its literal rigidity. One result of the doctrine was the
mistaken attempt to keep the legislative and the executive as far apart
as possible. The Cabinet system of parliamentary government was not
adopted. While the President can appear before Congress and express his
views, his Cabinet is without such right. In practice, the gulf is
bridged by constant contact between the Cabinet and the committees of
Congress, but this does not wholly secure speedy and efficient
co-operation between the two departments. As I speak, a movement is in
progress, with the sanction of President Harding, to permit members of
his Cabinet to appear in Congress and thus defend directly and in person
the policies of the Executive.
This separation of the two departments, which causes so much friction,
has been emphasized by one feature of the Constitution which again marks
its distrust of democracy, namely the fixed tenure of office. The
Constitution did not intend that public officials should rise or fall
with the fleeting caprices of a constituency. It preferred to give the
President and the members of Congress a fixed term of office, and,
however unpopular they might become temporarily, they should have the
right and the opportunity to proceed even with unpopular policies, and
thus challenge the final verdict of the people.
If a parliamentary form of government, immediately responsive to
current opinion as registered in elections, is the great desideratum,
then the fixed tenure of offices is the vulnerable Achilles-heel of our
form of government. In other countries the Executive cannot survive a
vote of want of confidence by the legislature. In America, the
President, who is merely the Executive of the legislative will,
continues for his prescribed term, though he may have wholly lost the
confidence of the representatives of the people in Congress. While this
makes for stability in administration and keeps the ship of state on an
even keel, yet it also leads to the fatalism of our democracy, and often
the "native hue" of its resolution is thus "sicklied o'er with the pale
cast of thought." Take a striking instance. I am confident that after
the sinking of the _Lusitania_, the United States would have entered the
world war, if President Wilson's tenure of power had then depended upon
a vote of confidence.
6.
_The sixth fundamental principle is the joint power of the Senate and
the Executive over the foreign relations of the Government_.
Public-domain text, read in full here on John Shaqi.
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