Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
[27] “A majority in a single assembly, when it has assumed a permanent
character--when composed of the same persons habitually acting
together, and always assured of victory in their own House--easily
becomes despotic and overweening, if released from the necessity
of considering whether its acts will be concurred in by another
constituted authority. The same reason which induced the Romans to have
two consuls, makes it desirable there should be two chambers; that
neither of them may be exposed to the corrupting influence of undivided
power, even for the space of a single year.”
[28] “Of all the forms of government that are possible among mankind I
do not know any which is likely to be worse than the government of a
single omnipotent democratic chamber.”
[29] “What, then, is expected from a well constituted Second Chamber is
_not a rival infallibility, but an additional security_. It is hardly
too much to say that, in this view, almost any Second Chamber is better
than none.”
[30] “With a perfect Lower House it is certain that an Upper House
would be scarcely of any value. If we had an ideal House of Commons
perfectly representing the nation, always moderate, never passionate,
abounding in men of leisure, never omitting the slow and steady forms
necessary for good consideration, it is certain that we should not need
a higher chamber. The work would be done so well that we should not
want any one to look over or revise it. And whatever is unnecessary
in government, is pernicious.... But though beside an ideal House of
Commons the Lords would be unnecessary, and therefore pernicious,
beside the actual House a revising and leisured legislature is
extremely useful, if not quite necessary.”
[31] “The main end for which a Senate is constructed [is] that all
legislative measures may receive a second consideration by a body
_different in character from the primary representative assembly_, and
if possible superior or supplementary in intellectual qualifications.”
[32] See J. A. R. Marriott, “History of the Canadian Second Chamber” in
_Second Chambers_, pp. 145 ff.
[33] The phrase “recall of judicial decisions” is unfortunate, since it
implies that the judicial function is taken over by the electorate and
the judicial decision reversed, when all that is done is to amend the
constitution so that the basis for the judicial decision is taken away
in all subsequent litigation. The better phrase, it is believed, is the
one used in the text, namely, “steam-rollering the judicial veto.” See
Albert M. Kales, “The Recall of Judicial Decisions,” _Illinois State
Bar Association Proceedings_, 1912, pp. 203-18; Herbert Pope, “The
Recall of Judicial Decisions--A Criticism,” 7 _Illinois Law Review_, p.
149.
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