Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
it--in America depends not on the Government but on certain subordinate
local, and sometimes, as in the South now, hostile bodies.
Doubtless the framers of the Constitution had not much choice in the
matter. The wisest of them were anxious to get as much power for the
central Government, and to leave as little to the local governments as
they could. But a cry was got up that this wisdom would create a
tyranny and impair freedom, and with that help, local jealousy
triumphed easily. All Federal Government is, in truth, a case in which
what I have called the dignified elements of government do not coincide
with the serviceable elements. At the beginning of every league the
separate States are the old Governments which attract and keep the love
and loyalty of the people; the Federal Government is a useful thing,
but new and unattractive. It must concede much to the State
Governments, for it is indebted to them for motive power: they are the
Governments which the people voluntarily obey. When the State
Governments are not thus loved, they vanish as the little Italian and
the little German potentates vanished; no federation is needed; a
single central Government rules all.
But the division of the sovereign authority in the American
Constitution is far more complex than this. The part of that authority
left to the Federal Government is itself divided and subdivided. The
greatest instance is the most obvious. The Congress rules the law, but
the President rules the administration. One means of unity the
Constitution does give: the President can veto laws he does not like.
But when two-thirds of both Houses are unanimous (as has lately
happened), they can overrule the President and make the laws without
him; so here there are three separate repositories of the legislative
power in different cases: first, Congress and the President when they
agree; next, the President when he effectually exerts his power; then
the requisite two-thirds of Congress when they overrule the President.
And the President need not be over-active in carrying out a law he does
not approve of. He may indeed be impeached for gross neglect; but
between criminal non-feasance and zealous activity there are infinite
degrees. Mr. Johnson does not carry out the Freedman's Bureau Bill as
Mr. Lincoln, who approved of it, would have carried it out. The
American Constitution has a special contrivance for varying the supreme
legislative authority in different cases, and dividing the
administrative authority from it in all cases.
Public-domain text, read in full here on John Shaqi.
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