Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
or making a proper order so as to settle the litigation if possible
in the appellate tribunal. The work of appellate courts consists to
so large an extent of opinion writing and closet work that the office
is inconspicuous and not very attractive. In most states the judges
are elected. Each one is independent in the exercise of the duties of
his statutory jurisdiction. Even the clerks of the various separate
courts are in many instances elected. They are absolutely independent
of the judiciary or of any other officer of the legal government in the
exercise of their statutory duties. There is no administrative head of
the court with large powers over the direction of the work of other
judges and the clerical force and a corresponding responsibility for
the conduct of judicial business. In the everyday work of his office
the judge, under the present plan of government, is amenable to no
authority except his own conscience and a fear of unfavorable public
comment upon his actions.
In our municipal governments the legislative power is usually exercised
by a single chamber, though there are instances of double chambers in
the city council. In the less important municipal governments, such
as counties, villages, and special commissions, we frequently find a
part of the executive power vested in the municipal legislative body
or in some member of it. Thus, in county governments we frequently
find the chief executive the presiding and most influential member of
the board of commissioners. In the cities, however, there is usually
a complete separation of the legislative and executive functions,
the legislative power being committed to a council and the executive
functions to a mayor and other subordinate officers. There is a
general tendency toward the splitting-up of the executive power among
different executive officers who are elected and are independent of any
superior authority in the performance of their statutory duties. A city
government will usually distribute the executive power among a mayor, a
treasurer, a comptroller, and a clerk. The executive power of a county
government will be split up among a president of the county board, a
county clerk, a sheriff, a county treasurer, a county superintendent of
schools, members of the board of assessors, and the board of review.
A great deal of unobserved splitting-up of executive and legislative
functions in municipal governments has been accomplished by the
creating of several municipal corporations with special functions
operating in the same territory. For instance, where a city and county
government cover the same territory we have two municipal legislatures
operating in the same territory, and also two sets of executive
officers. Thus is the legislative and executive power necessary for a
given district split in half. If a drainage district, a park district,
a school district, a public library district, each controlled by
commissioners or trustees with executive and legislative power, be
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