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
constitutional and political arrangements have made it almost impossible
for any reasonable majority to overcome the opposition of organized
wealth.
Our efforts to bring about reforms in municipal government have thus far
largely failed to accomplish what was expected of them because we have
persistently refused to recognize the principle of majority rule. We
have clung tenaciously to the system of checks and balances with all its
restraints on popular control. The evils of municipal government are not
the evils of democracy, but the evils of a system which limits the power
of the majority in the interest of the minority.
CHAPTER XI
INDIVIDUAL LIBERTY AND THE CONSTITUTION
The eighteenth-century conception of liberty was the outgrowth of the
political conditions of that time. Government was largely in the hands
of a ruling class who were able to further their own interests at the
expense of the many who were unrepresented. It was but natural under
these circumstances that the people should seek to limit the exercise of
political authority, since every check imposed upon the government
lessened the dangers of class rule. The problem which the advocates of
political reform had to solve was how to secure the largest measure of
individual liberty compatible with an irresponsible government. They
were right in believing that this could be accomplished only by building
up an elaborate system of constitutional restraints which would narrowly
limit the exercise of irresponsible authority. Individual liberty as
they understood the term was immunity from unjust interference at the
hands of a minority.
This was a purely negative conception. It involved nothing more than the
idea of protection against the evils of irresponsible government. It
was a view of liberty adapted, however, to the needs of the time and
served a useful purpose in aiding the movement to curb without
destroying the power of the ruling class. Any attempt to push the
doctrine of liberty farther than this and make it include more than mere
immunity from governmental interference would have been revolutionary.
The seventeenth and eighteenth century demand was not for the abolition,
but for the limitation of irresponsible authority. It was not for
popular government based upon universal suffrage, but for such
modifications of the system as would give to the commercial and
industrial classes the power to resist all encroachments upon their
rights at the hands of the hereditary branches of the government. The
basis and guarantee of individual liberty, as the term was then
understood, was the popular veto such as was exercised through the House
of Commons. This conception of liberty was realized for those
represented in any coordinate branch of the government wherever the
check and balance stage of political development had been reached.
Public-domain text, read in full here on John Shaqi.
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