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
This omission can not be satisfactorily explained as a mere oversight.
The Massachusetts constitution of 1780, from which the fathers copied
the qualified veto power, required the governor to take an oath in which
he obligated himself to perform the duties of his office "agreeably to
the rules and regulations of the constitution and the laws of the
commonwealth." There was no precedent in any then existing state
constitution for expressly binding the executive in his oath of office
to defend the Constitution without mentioning his duty to enforce the
laws. It is a reasonable inference that the framers of the Constitution
intended to impress the President with the belief that his obligation to
defend the Constitution was more binding upon him than his duty to
enforce the laws enacted by Congress.
In the foregoing discussion it has been shown that political authority
was unequally divided between the various branches of the government;
to the extent that this was the case the framers of the Constitution
did not adhere consistently to the theory of checks. But in this, as in
other instances where they departed from precedents which they professed
to be following, they were actuated by a desire to minimize the direct
influence of the people. If the Constitution had been framed in complete
accord with the doctrine of checks and balances, the lower house of
Congress as the direct representative of the people would have been
given a veto on the entire policy of the government. But this, as we
have seen, was not done. The more important powers were placed under the
exclusive control of the other branches of the government over which it
was believed public opinion would have but little influence. This
deprived the people of the unlimited negative to which they were
entitled even according to the theory of checks. Richard Henry Lee did
not greatly exaggerate then when he said: "The only check to be found in
favor of the democratic principle, in this system, is the House of
Representatives, which, I believe, may justly be called a mere shred or
rag of representation."[121] Nor was Mason entirely mistaken when he
referred to the House of Representatives as "the shadow only" and not
"the substance of representation."[122]
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