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
in the granting of such charters, but it also created a motive for the
further use of corrupt means to keep possible competitors from securing
like privileges. It was worth the while to spend money to secure a
valuable privilege if when once obtained the legislature could not
revoke it. And it was also worth the while to spend more money to keep
dangerous competitors out of the field if by so doing it could enjoy
some of the benefits of monopoly. By thus holding that a privilege
granted to an individual or a private corporation by special act of the
legislature was a contract which could not be revoked by that body, the
courts in their effort to protect property rights opened the door which
allowed corporation funds to be brought into our state legislatures
early in our history for purposes of corruption.
But little attention has been given as yet to this early species of
corruption which in some of the states at least assumed the proportions
of a serious political evil.
"During the first half century banking in New York," says Horace White,
"was an integral part of the spoils of politics. Federalists would grant
no charters to Republicans, and Republicans none to Federalists. After a
few banks had been established they united, regardless of politics, to
create a monopoly by preventing other persons from getting charters.
When charters were applied for and refused, the applicants began
business on the common-law plan. Then, at the instigation of the favored
ones, the politicians passed a law to suppress all unchartered banks.
The latter went to Albany and bribed the legislature. In short,
politics, monopoly, and bribery constitute the key to banking in the
early history of the state."[187]
The intervention of the courts which made the conditions above described
possible, while ostensibly limiting the power of the state legislature,
in reality enlarged and extended it in the interest of the
capital-owning class. It gave to the state legislature a power which up
to that time it had not possessed--the power to grant rights and
privileges of which the grantees could not be deprived by subsequent
legislation. Before the adoption of the Federal Constitution no act of
the legislature could permanently override the will of the qualified
voters. It was subject to modification or repeal at the hands of any
succeeding legislature. The voters of the state thus had what was in
effect an indirect veto on all legislative acts--a power which they
might exercise through a subsequent legislature or constitutional
convention. But with the adoption of the Constitution of the United
States the Federal courts were able to deprive them of this power where
it was most needed. This removed the only effective check on corruption
and class legislation, thus placing the people at the mercy of their
state legislatures and any private interests that might temporarily
control them.
Public-domain text, read in full here on John Shaqi.
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