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
This irresponsibility which arises out of a wide diffusion of power is
not confined to the executive branch of the state government. The
legislature in the course of our political development has taken on the
same elaborate committee organization which characterizes, as we have
seen, our Federal Congress. The same sinister influences working through
similar agencies oppose needed legislation. But although the good bills
are frequently killed or mutilated in the secrecy of the committee room,
the skilful use of money or other corrupt influence often secures the
enactment of laws opposed to the interests of the people. Moreover, the
practice known as log-rolling by which the representatives of various
local interests combine and force through measures which secure to each
of certain localities some advantage at the expense of the state at
large are so common as to excite no surprise.
The relation existing between the executive and legislative branches
under our system is another source of irresponsibility, since it does
not follow simply because a law has been placed upon the statute books
of a state that it can be enforced. An act may be passed in response to
a strong public sentiment, it may be constitutional and the executive
may be willing and may even desire to enforce it, and yet be unable to
do so. The legislature may, and frequently does, enact laws under the
pressure of public opinion while at the same time quietly exercising
what is, in effect, a veto on their execution. In the case of much
important legislation it can accomplish this by merely not
appropriating the funds which are required for their enforcement. The
laws against adulteration are a good illustration. An official known
perhaps as a dairy and food commissioner may be provided for, whose duty
it is to enforce these laws. The nature of the work entrusted to him
requires that he should have a corps of assistants, inspectors who are
to keep a watchful eye on the goods likely to be adulterated and collect
samples of such goods from the various places in the state where they
are exposed for sale, and chemists who are to analyze the samples thus
procured and determine whether manufacturers and dealers are complying
with the law. Unless an adequate sum is appropriated for this purpose,
and for prosecuting those who are violating the law, such laws can not
be enforced.
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