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 Federal Constitution we see a strong reaction against this policy
of enlarging the authority of the lower, and what was assumed to be the
more popular branch of the legislative body. The House of
Representatives was, it is true, given equal power with the Senate in
the matter of ordinary legislation. But here its equality ends. The
treaty-making and the appointing power were given to the President and
Senate, where, it was thought, they would be safe from popular
interference. The effect of this was to make the influence of these two
branches of the government greatly preponderate over that of the
directly elected House. Through the treaty-making power the President
and Senate could in a most important sense legislate without the consent
of the popular branch of Congress. They could enter into agreements with
foreign countries which would have all the force and effect of laws
regularly enacted and which might influence profoundly our whole social,
political, and industrial life. The only semblance of a popular check on
the exercise of this power was to be found in those cases where
appropriations were required to carry treaties into effect. Here the
House of Representatives, in theory at least, could defeat the treaty by
refusing its assent to the necessary appropriation. In practice,
however, the House has surrendered this power. A treaty is at no stage
"submitted to or referred to the House of Representatives, which has no
more right to be informed about it than ordinary citizens. The President
and the Senate may, for example, cede or annex territories, and yet
nothing of the fact will appear in the discussions of the House of
Representatives unless the cession involves expenditure or receipt of
money. Besides, I must add that even if the treaty contains clauses
imposing a charge on the public revenue, it is the rule, since
Washington's time, that the House of Representatives should not discuss
the terms of the treaty adopted by the Senate, but accept it in silence
as an accomplished fact, and simply vote the necessary funds."[113]
The appointing power was in many respects even more important. It meant
the right to select those who were to interpret and enforce the laws,
and this really involved the power to mold the spirit and character of
the government. That this was fully appreciated by those who framed the
Constitution we saw in the preceding chapter.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account