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
It is somewhat strange that the American people know so little of the
fundamental nature of their system of government. Their acquaintance
with it extends only to its outward form and rarely includes a knowledge
of the political philosophy upon which it rests. The sources of
information upon which the average man relies do not furnish the data
for a correct understanding of the Constitution. The ordinary text-books
and popular works upon this subject leave the reader with an entirely
erroneous impression. Even the writings of our constitutional lawyers
deal with the outward form rather than the spirit of our government. The
vital question--the extent to which, under our constitutional
arrangements, the people were expected to, and as a matter of fact do,
control legislation and public policy, is either not referred to, or
else discussed in a superficial and unsatisfactory manner. That this
feature of our Constitution should receive more attention than it does
is evident when we reflect that a government works well in practice in
proportion as its underlying philosophy and constitutional forms are
comprehended by those who wield political power.
"It has been common," says a late Justice of the United States Supreme
Court, "to designate our form of government as a democracy, but in the
true sense in which that term is properly used, as defining a government
in which all its acts are performed by the people, it is about as far
from it as any other of which we are aware."[18]
In the United States at the present time we are trying to make an
undemocratic Constitution the vehicle of democratic rule. Our
Constitution embodies the political philosophy of the eighteenth
century, not that of to-day. It was framed for one purpose while we are
trying to use it for another. Is free government, then, being tried here
under the conditions most favorable to its success? This question we can
answer only when we have considered our Constitution as a means to the
attainment of democratic rule.
It is difficult to understand how anyone who has read the proceedings of
the Federal Convention can believe that it was the intention of that
body to establish a democratic government. The evidence is overwhelming
that the men who sat in that convention had no faith in the wisdom or
political capacity of the people. Their aim and purpose was not to
secure a larger measure of democracy, but to eliminate as far as
possible the direct influence of the people on legislation and public
policy. That body, it is true, contained many illustrious men who were
actuated by a desire to further what they conceived to be the welfare of
the country. They represented, however, the wealthy and conservative
classes, and had for the most part but little sympathy with the popular
theory of government.
Public-domain text, read in full here on John Shaqi.
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