Switzerland; Switzerland -- Politics and government -- 1815-
They intended to restrain the impulse of popular majorities, and more
especially to prevent the legislature from becoming despotic and
tyrannous. But the number of rights which can be effectually protected
by the Constitution is very limited; and the legislature must always
retain sufficient power to disturb seriously all social relations,
if it is determined to make use for this purpose of the means at its
command. The utmost that a constitution can be expected to do is to
protect directly a small number of vested rights, and to discourage and
check indirectly the growth of a demand for radical measures.
The power of the general government in Switzerland, as that of the
United States, extends not merely to those affairs which are turned
over to it by the exact words of the Constitution itself, but also
to the relations whose control by the central government appears as
a necessity for its performance of the duties devolving upon it. In
a comparison of the Swiss Federal polity with that of the United
States, it must be borne in mind that the infinite variety in the
local and otherwise peculiar circumstances of different nations,
produces wide discrepancies between governments bearing a common
appellation. There exists, indeed, but little community of opinion
or uniformity of practice beyond the circumscribed limits of those
maxims in politics which are deducible by direct inference from moral
truths. The great mass of those rules and principles which have a more
immediate influence on practice, and give to government its tone and
peculiar organization, are of a description purely local; deriving
their force from local interests, and therefore, however just, are only
applicable in their full extent to the particular case. Hence it is
that constitutions, nominally and externally the same, have little or
no interior resemblance, and in many instances only so far correspond
as to justify us in referring them to one common standard. The United
States and Switzerland have republican states joined in a republican
union, with a division of powers between states and union approximately
the same; and they present the most completely developed types of
that federalism “which desires union and does not desire unity;” the
same problem upon which all civilized peoples have been working ever
since civilization began,--how to insure peaceful concerted action
throughout the whole, without infringing upon local and individual
freedom in the parts; to reconcile the welfare and security of the
whole with the local claims and diversified institutions of the
component parts. The Swiss Constitution blends these ends harmoniously
in a government not too centralized to act in the interest of the
localities; but a little too closely wedded to routine to adapt itself
to changing conditions. The federative principle implies the existence
of opposing tendencies, active within a superior agency, which is
capable of regulating their mutual aggression, and of securing their
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