Switzerland; Switzerland -- Politics and government -- 1815-
The law-making department in any sovereign state is the repository
of most power; consequently the constitution of Switzerland, like
that of the United States, after enumerating the powers which shall
be exercised by authority of the general government, confers them in
terms upon the most immediate representative of the sovereignty. In
Switzerland this is the Federal Assembly; in the United States it
is Congress. The scope of powers conferred upon the Swiss Federal
Assembly enables it to exercise not only legislative, but supervisory,
executive, and judicial functions. The separation of its powers from
those of the Federal Council and the Federal Tribunal--the executive
and judicial departments--is neither clearly set forth nor in practice
is it strictly observed. Cases have occurred, the jurisdiction over
which being involved in so much doubt, the interested parties, from
abundance of caution, submitted their memorials simultaneously to two
of these federal departments. The Swiss Federal Assembly exercises a
power more comprehensive and greater than that given probably to any
legislative body; at least in a republic, where there is a professed
organic distribution of the three great heads. It elects the Federal
Executive, Federal Judiciary, and the Commander of the Army. It is
the final arbiter on all questions as to the respective jurisdiction
of the Executive and the Federal Court. It would appear that there
is no decision of the Executive which cannot be revised by it. It is
the chief power in the land. No veto can intervene nor any judicial
power question the constitutionality of its statutes. Its acts form
the law which the court must execute. The Swiss people, as it were,
speak in each legislative enactment; and the only check or revision
to which it is amenable rests with the people themselves by means of
the _Referendum_. The authority of the Swiss Assembly, it is true,
exceeds that of the Congress of the United States, and yet it may be
regarded as a weaker body. For while in each case there lies in the
background a legislative sovereign, capable of controlling the action
of the ordinary legislature, the sovereign power is far more easily
brought into play in Switzerland than in the United States. Again,
every ordinary law passed by the Swiss Assembly may be annulled by a
popular vote. The freedom from instruction secured to the members of
the Federal Assembly was first declared in the Swiss Constitution of
1848. The whole history of the representative principle proves the
soundness of the doctrine, that the vesting an entire discretion in
the representative is an essential part of the definition. It is not
to the power of instructing the representative that constituents are
to look for an assurance that his efforts will be faithfully applied
to the public service; but it is to the power of reducing him from
the elevation to which their suffrages have raised him. The object to
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