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
We thus see that true party government is impossible under a
constitutional system which has as its chief end the limitation of the
power of the majority. Where the party which has carried the election is
powerless to enforce its policy, as is generally the case in this
country, there can be no responsible party government. The only branch
of our governmental system which responds readily to changes in public
opinion is the House of Representatives. But this is and was designed to
be a subordinate body, having a voice in shaping only a part of the
policy of the government, and even in this limited field being unable to
act except with the concurrence of the President, Senate and Supreme
Court. A change in public sentiment is not likely under these
circumstances to be followed by a corresponding change in the policy of
the state. Even when such change in sentiment is insistent and
long-continued, it may be unable to overcome the resistance of the more
conservative influences in the Constitution. The most superficial
examination of our political history is sufficient to show that the
practical working of our Constitution has in large measure defeated the
end of party government. Calhoun's contention that the party had
succeeded in breaking down the elaborate system of constitutional checks
on the numerical majority is not borne out by the facts.
Eleven general elections since the adoption of the Constitution have
resulted in a House of Representatives which had no political support in
any other branch of the government. During eighty-four years of our
history under the Constitution the party in the majority in the House
has not had a majority in all the other branches of the general
government, and consequently has not had the power to enforce its
policy. From 1874 to 1896--a period of twenty-two years--there were but
two years (the 51st Congress) during which the same party had a majority
in all branches of the government. But even during this brief period it
failed to control the treaty-making power since it lacked the two-thirds
majority in the Senate which the Constitution requires. In fact, there
has been no time since 1874 when any party had sufficient majority in
the Senate to give it an active control over the treaty-making power.
The more important and fundamental changes in public policy which
involve an exercise of the amending power are still more securely
placed beyond the reach of party control. Not only the power to ratify
amendments, but even the power to propose them, is effectually withheld
from the party, since it can scarcely ever command the required
two-thirds majority in both houses of Congress or a majority in both
branches of the legislature in two-thirds of the states.
Public-domain text, read in full here on John Shaqi.
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