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 American revolution, which supplanted hereditary by popular rule,
worked a fundamental change in the relation of the individual to the
government. So far at least as the voters were concerned the government
was no longer an alien institution--an authority imposed upon them from
above, but an organization emanating from them--one in which they had
and felt a direct proprietary interest. It was no longer a government in
which the active principle was irresponsible authority, but one which
rested upon the safe and trustworthy basis of popular control.
The overthrow of monarchy and aristocracy necessitated a corresponding
change in the idea of liberty to make it fit the new political
conditions which had emerged. In so far as government had now passed
into the hands of the people there was no longer any reason to fear that
it would encroach upon what they regarded as their rights. With the
transition, then, from class to popular sovereignty there was a
corresponding change in the attitude of the people toward the
government. They naturally desired to limit the authority and restrict
the activity of the government as long as they felt that it was
irresponsible; but as soon as they acquired an active control over it,
the reason which formerly actuated them in desiring to limit its powers
was no longer operative. Their ends could now be accomplished and their
interests best furthered by unhampered political activity. They would
now desire to remove the checks upon the government for the same reason
that they formerly sought to impose them--viz., to promote their own
welfare.
This tendency is seen in the changes made in the state constitutions at
the beginning of the American revolution. As shown in a previous
chapter, they established the supremacy of the legislative body and
through this branch of the government, the supremacy of the majority of
the qualified voters. We have here a new conception of liberty. We see a
tendency in these constitutional changes to reject the old passive view
of state interference as limited by the consent of the governed and take
the view that real liberty implies much more than the mere power of
constitutional resistance--that it is something positive, that its
essence is the power to actively control and direct the policy of the
state. The early state constitutions thus represent a long step in the
direction of unlimited responsible government.
Public-domain text, read in full here on John Shaqi.
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