Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
least progress is made with the important business of legislation and
the functioning of the executive and the judicial departments.
Our constitution-makers, however, went even farther in preventing the
concentration of the powers of government. They split up and dissipated
the powers of each department among as many different offices as
possible. They split up the legislative power between two chambers,
each operating as a check upon the other. In Illinois they went a
step farther and split up the power of the lower house by providing
a method whereby every third member might be the representative of
a minority party. A general check upon the power of the legislature
is frequently found in the provision that it can meet for general
legislative business only every two years, or that it can remain
in session for such general legislative purposes only a specified
number of days. The result is that the legislative power is not only
hampered from without by executive and judicial vetoes and the
limited time in which to act, but it is divided within among bodies
which are more or less antagonistic to each other. The executive
power of the state, if lodged wholly in the governor, acting through
his appointees, might still have been a very extensive power, but it
would have been too much power in one man to meet the approval of our
constitution-makers. Hence the executive power has been split up among
several independently elected executive officers, viz., the governor,
the attorney-general, the secretary of state, the state treasurer,
the state auditor, the state superintendent of public instruction,
and the trustees of the state university. Each one of these officers
is independent in the discharge of his statutory or constitutional
duties. So far as they divide executive power among them, they take
power from the chief executive. In the judicial department we find
the same pains to give out the minimum amount of power to any single
judge or group of judges. We find usually several courts of original
jurisdiction, each with power to handle limited and defined classes
of cases. There are justices of the peace, municipal courts, probate
courts, juvenile courts, criminal courts, and circuit courts, the
last having the most general jurisdiction. Then follow a succession
of appellate tribunals, each with a limited jurisdiction to hear
appeals. The trial judges have had their power restricted by being
forbidden to exercise any control over juries by oral instructions
upon the law. They have no power to give any instructions upon the
evidence. They have been reduced in jury trials to the position of
umpires for forensic duels between lawyers. In the appellate tribunals
they are usually forbidden to review questions of fact. Their function
is confined very narrowly to the affirming of the decision below, or
reversing it without remanding it, or reversing and remanding it for
a new hearing. They are denied any power of hearing further evidence
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