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 tidal-wave of democracy, which swept over the colonies during the
Revolution, largely effaced the monarchical and aristocratic features of
the colonial governments. Connecticut and Rhode Island, which already
had democratic constitutions, were the only states which did not modify
their form of government during this period. All the rest adopted new
constitutions which show in a marked degree the influence of the
democratic movement. In these new constitutions we see a strong tendency
to subordinate the executive branch of the government and confer all
important powers on the legislature. In the four New England states and
in New York the governor was elected by the qualified voters; in all the
rest he was chosen by the legislature. In ten states during this period
his term of office was one year; in South Carolina it was two and in New
York and Delaware it was three years. In addition to this the six
Southern states restricted his re-election. Besides, there was in every
state an executive or privy council which the governor was required to
consult on all important matters. This was usually appointed by the
legislature and constituted an important check on the governor.
The power to veto legislation was abolished in all but two states. In
Massachusetts the governor, and in New York the Council of Revision
composed of the governor and the chancellor and judges of the Supreme
Court, had a qualified veto power. But a two-thirds majority in both
houses of the legislature could override the veto of the governor in
Massachusetts, or that of the Council of Revision in New York. The
pardoning power of the governor was quite generally restricted. In five
states he was allowed to exercise it only with the advice or consent of
the council.[6] In three states, where the advice or consent of a
council was not required, he could, subject to certain restrictions,
grant pardons except where "the law shall otherwise direct."[7] The
constitution of Georgia in express terms deprived the governor of all
right to exercise this power.
The appointing power of the governor was also taken away or restricted.
In four of the eleven states adopting new constitutions during this
period he was allowed to exercise it jointly with the council.[8] In six
states it was given to the legislature, or to the legislature and
council.[9] The power of the governor to dissolve the legislature or
either branch of it was everywhere abolished.
Public-domain text, read in full here on John Shaqi.
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