The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
Now in the earlier part of the work of the Federal Convention, in
dealing with the legislative department, the delegates were on firm
ground, because they were dealing with things of which they knew
something by experience; but in all this careful separation of the
executive power from the legislative they went wide of the mark, because
they were following a theory which did not truly describe things as they
really existed. And that was because the English Constitution was, and
still is, covered up with a thick husk of legal fictions which long ago
ceased to have any vitality. Blackstone, the great authority of the
eighteenth century, set forth this theory of the division of power
between King, Lords, and Commons with clearness and force, and nobody
then understood English history minutely or thoroughly enough to see its
fallaciousness. Montesquieu also, the ablest and most elegant political
writer of the age, with whose works most of the statesmen in the Federal
Convention were familiar, gave a similar description of the English
Constitution, and generalized from it as the ideal constitution for a
free people. But Montesquieu and Blackstone, in their treatment of this
point, had their eyes upon the legal fictions, and were blind to the
real machinery which was working under them. They gave elegant
expression to what the late Mr. Bagehot called the "literary theory" of
the English Constitution. But the real thing differed essentially from
the "literary theory" even in their day. In our own time the divergence
has become so conspicuous that it would not now be possible for
well-informed writers to make the mistake of Montesquieu and Blackstone.
In our time it has come to be perfectly obvious that so far from the
English Constitution separating the executive power from the
legislative, this is precisely what it does not do. In Great Britain the
supreme power is all lodged in a single body, the House of Commons. The
sovereign has come to be purely a legal fiction, and the House of Lords
maintains itself only by submitting to the Commons. The House of Commons
is absolutely supreme, and, as we shall presently see, it really both
appoints and dismisses the executive. The English executive, or chief
magistrate, is ordinarily the first lord of the treasury, and is
commonly styled the prime minister. He is chairman of the most
important committee of the House of Commons, and his cabinet consists of
the chairmen of other committees.
[Sidenote: What our government would be if it were really like that of
Great Britain.]
Public-domain text, read in full here on John Shaqi.
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