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
"A man who has been defeated for re-election is not in a fit frame of
mind to legislate for his people. There is a sting in defeat that tends
to engender the feeling of resentment which often finds expression in
the vote of such members against wholesome legislation. That same
feeling often produces such a want of interest in proceedings as to
cause the members to be absent nearly all the second session....
"It is then that some are open to propositions which they would never
think of entertaining if they were to go before the people for
re-election. It is then that the attorneyship of some corporation is
often tendered and a vote is afterward found in the record in favor of
legislation of a general or special character favoring the
corporation."[145]
To appreciate the magnitude of the evils above described, it is
necessary to remember that upon the average only about one-half of the
members of one Congress are elected to the succeeding Congress. This
large number is, therefore, influenced during the second regular session
neither by the hope of re-election nor the fear of defeat. Under these
circumstances it is not surprising that the second regular session
should be notoriously favorable to corporation measures.
That Congress has not attempted to remedy this evil is striking proof of
its indifference to the wishes of the people. Otherwise it would have so
employed the power which it possesses to perfect its organization, as to
ensure the most prompt and complete expression of public opinion in
legislation possible under our constitutional arrangements. Having the
power to change both the time of electing a Congress and the beginning
of its sessions, it could easily remedy the evils described. Both
sessions of a Congress could be held before the succeeding Congress is
elected. This could be accomplished by having Congress convene, as
advocated by the writer of the article above mentioned, for the first
regular session on the Monday following the fourth of March next after
the election, and for the second regular session on the first Monday
after January first of the following year. In this case the second
regular session would doubtless come to an end before the fall election.
Some such adjustment is required to give the people anything like
adequate control over the House of Representatives during the second
regular session.
The present arrangement which makes the House of Representatives largely
an irresponsible body, while not provided for or perhaps even
contemplated by the framers of the Constitution, is nevertheless the
logical outcome of their plan to throttle the power of the majority. But
although in harmony with the general purpose and spirit of the
Constitution, it is a flagrant violation of the basic principle of
popular government.[146]
Public-domain text, read in full here on John Shaqi.
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