Our political writers have for the most part passed lightly over the undemocratic features of the Constitution and left the uncritical reader with the impression that universal suffrage under our system of government ensures the rule of the majority. It is this conservative approval of the Constitution under the guise of sympathy with majority rule, which has perhaps more than any thing else misled the people as to the real spirit and purpose of that instrument. It was by constantly representing it as the indispensable means of attaining the ends of democracy, that it came to be so generally regarded as the source of all that is democratic in our system of government. It is to call attention to the spirit of the Constitution, its inherent opposition to democracy, the obstacles which it has placed in the way of majority rule, that this volume has been written. The general recognition of the true character of the Constitution is necessary before we can fully understand the nature and origin of our political evils. It would also do much to strengthen and advance the cause of popular government by bringing us to a realization of the fact that the so-called evils of democracy are very largely the natural results of those constitutional checks on popular rule which we have inherited from the political system of the eighteenth century. The author acknowledges his indebtedness to his colleague, Professor William Savery, and to Professor Edward A. Ross of the University of Wisconsin, for many pertinent criticisms and suggestions which he has borne in mind while revising the manuscript of this work for publication. He is also under obligation to Mr. Edward McMahon for suggestions and for some illustrative material which he has made use of in this volume. J. ALLEN SMITH. Seattle, Washington, January, 1907. CONTENTS CHAPTER I THE ENGLISH GOVERNMENT OF THE EIGHTEENTH CENTURY PAGE Struggle between the many and the few 3 The Great Charter 4 Development of a bicameral parliament 6 Limited and irresponsible government 8 Class influence as seen in statute and common law 10 CHAPTER II THE AMERICAN GOVERNMENT OF THE REVOLUTIONARY PERIOD Conditions favoring growth of democratic ideas 12 The Declaration of Independence 13 Numerical strength and character of the conservatives 14 Democracy in the early state constitutions 16 Supremacy of the legislature 20 The Articles of Confederation 22 CHAPTER III THE CONSTITUTION A REACTIONARY DOCUMENT