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
But this did not go far enough in the direction of providing checks on
popular legislation to suit Hamilton. The members of the upper house of
Congress were, like the President, to be indirectly elected and to hold
office for life. And finally over and above Congress was to be placed a
Supreme Court whose members, by their mode of appointment and life
tenure, were to be independent of the people. This body, which was to be
the final interpreter of the Constitution, was designed as an additional
safeguard against democratic legislation. The lower house of Congress
was the only branch of the government in which any provision was made,
under Hamilton's plan, for the representation of public opinion. Through
the House of Representatives the people were to have an opportunity to
propose legislation, but no power to enact it, or to control the general
policy of the government.
The refusal of the Convention to endorse the scheme of government
proposed by Hamilton must not be understood as implying lack of sympathy
with the political views which it embodied. With his main purpose, that
of effectually curbing the power of the majority, nearly all the members
of that body were in full accord. They were, however, shrewd
experienced men of affairs who understood the temper of the people and
knew that their plan of political reorganization could be carried
through only by disguising its reactionary character and representing it
as a democratic movement. To have submitted the Constitution in the form
in which it was proposed by Hamilton would have defeated their purpose.
It was too obviously undemocratic, inasmuch as it provided for a strong
centralized government only one branch of which was to be elected by the
people, while the other three were to be placed beyond the reach of
public opinion through indirect election and life tenure. The
Constitution as framed and submitted was more democratic in appearance,
though it really contained all that was essential in Hamilton's plan.
Life tenure for the President and Senate was discarded, it is true, but
indirect election was expected to ensure their independence. The
absolute veto on Federal and state legislation which Hamilton proposed
to give to a permanent executive was the most serious practical
objection to his scheme, since it showed too clearly the purpose of the
Convention to make the aristocratic element supreme not only in the
general government but in the states as well. In form and appearance the
Constitution merely gave the President a qualified negative on the acts
of Congress; but in reality the Convention went much farther than this
and conferred the absolute veto on federal and state legislation
contended for by Hamilton. The power was merely transferred from the
President in whose hands he had proposed to place it, and given to the
Supreme Court. The end which he had in view was thus attained without
arousing the opposition which would have been inevitable had there been
Public-domain text, read in full here on John Shaqi.
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