Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
The application of the principle that governmental power must be
kept out of the hands of the few is responsible for that fundamental
characteristic of American constitutions known as the separation of
powers among the three departments of government. The entire power
of the government is exercised by the executive, the legislative,
and the judicial departments. None is allowed to perform any of the
functions which belong to either of the others. If it does so, its
action is unconstitutional and void. Each department is, therefore,
supreme and independent in its own field. This is the beginning of
decentralization. In the distribution of powers, each department is
designed to be a check upon the others. The legislature, being the
most powerful by reason of its control over the making of the laws and
appropriations, is naturally a substantial check upon the executive
and judicial departments. Our constitution-makers have, therefore,
been particular to devise checks upon the legislature by the other
two departments. The executive is given a wide veto power upon all
legislation, although the veto may be overridden by a two-thirds
vote of the legislature. The courts in their power to declare laws
unconstitutional are given, potentially at least, an effective
veto power upon legislation. The scope of it is narrower than the
executive veto, but on the other hand the veto of the courts cannot
be overridden by any action of the legislature. The actual operation
of these checks and balances, coupled with the complete separation
of powers, has resulted in irritation and bickering between the
departments. The trouble between the executive and the legislative
departments especially is frequent and acute. The executive is the
most conspicuous single official. He is elected upon a platform of
pledges for legislation. He seeks to redeem those pledges by promoting
the introduction of bills and pushing them through the legislature.
The legislature feels hostile toward the executive for attempting to
coerce its action. The executive loses patience with the legislature
for not redeeming the pledges of the executive to the electorate.
The legislature is frequently hostile toward the Supreme Court for
declaring laws unconstitutional. The executive also comes in conflict
with the judiciary by reason of the fact that the latter upsets
legislation which the executive has sometimes been able to secure only
by trading for votes important appointments which cannot be recalled.
The executive and legislative departments are likely to feel that
the Supreme Court has gone beyond its judicial power in declaring
laws unconstitutional. The result is that each of the departments of
government fails to work in harmony with the others. Each tends to
retire to its own constitutional sphere and there spend considerable
time in doing what it pleases, regardless of the other departments,
and from time to time blocking and hampering them. In this way the
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