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
other political organs. The extension of direct nomination and recall to
the members of our state judiciary would deprive the special interests
of the power to use the courts as the means of blocking the way to
popular reforms. In any democratic community the final interpreter of
the constitution must be the majority. With the evolution of complete
popular government, then, the judicial veto must disappear, or the
court must become a democratic body.
It is through our state governments that we must approach the problem of
reforming the national government. Complete control of the former will
open the door that leads to eventual control of the latter. Democratize
the state governments, and it will be possible even to change the
character of the United States Senate. With a state legislature directly
nominated and subject to removal through the use of the recall, it will
be possible to deprive that body of any real power in the selection of
United States senators. Under these conditions the legislature would
merely ratify the candidate receiving a majority of the popular vote
just as the electoral college has come to ratify the popular choice of
the President. In this way direct nomination and direct election of
United States senators could be made really effective while at the same
time preserving the form but not the substance of election by the state
legislatures.[196]
This would make possible that much needed separation of state and
municipal from national politics. Candidates for the state legislature
are now nominated and elected largely with reference to the influence of
that body upon the composition of the United States Senate. This has a
tendency to, and in fact does, make state legislation in no small degree
a by-product of senatorial elections. By divesting the legislature of
this function, it would cease to be, as it is now, one of the organs of
the Federal government, and in assuming its proper role of a local
legislative body, it would become in fact what it has hardly been even
in theory--a body mainly interested in formulating and carrying out
purely local policies. Experience has shown beyond question that its
function as an electoral college for the choice of United States
senators is incompatible with the satisfactory exercise of local
legislative functions. The latter will be sacrificed in the interest of
the former. This of itself is no small evil. For if there is any
advantage in our Federal form of government, it is in the opportunity
thus provided for the faithful expression of local public opinion in
local legislation. But in addition to this subordination of state to
national politics, which might be justified under existing conditions on
the ground that local measures and local interests should be sacrificed
whenever by so doing it would contribute to the success of the larger
and more important matters of national policy, it has become a prolific
source of corruption.
Public-domain text, read in full here on John Shaqi.
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