The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
The essential fact, everywhere to be observed in the development of
constitutional government, is the rise to political power of classes
which compete with the King and with each other for the control of the
state. The monopoly of political power enjoyed by the King was broken
down in England when the nobility compelled the signing of Magna Charta.
This change in the English Constitution involved the placing of a check
upon the King in the interest of the aristocracy. Later, with the
development of the House of Commons as a separate institution, the power
of the King was still further limited, this time in the interest of what
we may call the commercial and industrial aristocracy.
At this stage of its development the English government contained a
system of checks and balances. The King still retained legislative
power, but could not use it without the consent of both Lords and
Commons. Each branch of the government possessed the means of defending
itself, since it had what was in effect an absolute veto on legislation.
This is a stage in political evolution through which governments
naturally pass. It is a form of political organization intermediate
between monarchy and democracy, and results from the effort to check and
restrain, without destroying, the power of the King. When this system
of checks was fully developed the King, Lords and Commons were three
coordinate branches of the English government. As the concurrence of all
three was necessary to enact laws, each of these could defeat
legislation desired by the other two.
The development of this system of checks limited the irresponsible power
of the King only on its positive side. The negative power of absolute
veto the King still retained. While he could not enact laws without the
consent of the other two coordinate branches of the government, he still
had the power to prevent legislation. The same was true of the Lords and
Commons. As each branch of government had the power to block reform, the
system was one which made legislation difficult.
The system of checks and balances must not be confused with democracy;
it is opposed to and can not be reconciled with the theory of popular
government. While involving a denial of the right of the King or of any
class to a free hand in political matters, it at the same time denies
the right of the masses to direct the policy of the state This would be
the case even if one branch of the government had the broadest possible
basis. If the House of Commons had been a truly popular body in the
eighteenth century, that fact would not of itself have made the English
government as a whole popular in form. While it would have constituted a
popular check on the King and the House of Lords, it would have been
powerless to express the popular will in legislation.
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