Singularly enough, there is sharp opposition to the introduction

into Congress of any such leadership on the part of the executive as

the Ministers of the Crown enjoy in Parliament, on the ground of the

increase of power which would accrue as a result to the legislature.

It is said that such a change would, by centring party and personal

responsibility in Congress, give too great a prominence to legislation;

would make Congress the object of too excited an interest on the part

of the people. Legislation in Parliament, instead of being piecemeal,

tessellated work, such as is made up in Congress of the various

fragments contributed by the standing committees, is, under each

ministry, a continuous, consistent, coherent whole; and, instead of

bearing the sanction of both national parties, is the peculiar policy

of only one of them. It is thought that, if such coherence of plan,

definiteness and continuity of aim, and sanction of party were to be

given the work of Congress, the resulting concentration of popular

interest and opinion would carry Congress over all the barriers of the

Constitution to an undisputed throne of illimitable power. In short,

the potential supremacy of Congress is thought to be kept within

bounds, not by the constitutional power of the executive and the

judiciary, its co-ordinate branches, but by the intrinsic dulness and

confusion of its own proceedings. It cannot make itself interesting

enough to be great.

But this is a two-edged argument, which one must needs handle with

great caution. It is evidently calculated to destroy every argument

constructed on the assumption that it is written laws which are

effective to the salvation of our constitutional arrangements; for

it is itself constructed on the opposite assumption, that it is the

state of popular interest in the nation which balances the forces of

the government. It would, too, serve with equal efficacy against any

scheme whatever for reforming the present methods of legislation in

Congress, with which almost everybody is dissatisfied. Any reform

which should tend to give to national legislation that uniform, open,

intelligent, and responsible character which it now lacks, would also

create that popular interest in the proceedings of Congress which, it

is said, would unhinge the Constitution. Democracy is so delicate a

form of government that it must break down if given too great facility

or efficacy of operation. No one body of men must be suffered to utter

the voice of the people, lest that voice become, through it, directly

supreme.

The fact of the overtopping power of Congress, however, remains. The

houses create all governmental policy, with that wide latitude of

‘political discretion’ in the choice of means which the Supreme Court

unstintingly accords them. Congress has often come into conflict

with the Supreme Court by attempting to extend the province of the

federal government as against the States; but it has seldom, I believe,

been brought effectually to book for any alleged exercise of powers

as against its directly competing branch, the executive. Having by

constitutional grant the last word as to foreign relations, the control

of the finances, and even the oversight of executive appointments,

Congress exercises what powers of direction and management it pleases,

as fulfilling, not as straining, the Constitution. Government lives

in the origination, not in the defeat, of measures of government. The

President obstructs by means of his ‘No;’ the houses govern by means of

their ‘Yes.’ He has killed some policies that are dead; they have given

birth to all policies that are alive.

But the measures born in Congress have no common lineage. They have

not even a traceable kinship. They are fathered by a score or two of

unrelated standing committees: and Congress stands godfather to them

all, without discrimination. Congress, in effect, parcels out its great

powers amongst groups of its members, and so confuses its plans and

obscures all responsibility. It is a leading complaint of Sir Henry

Maine’s against the system in England, which is just under his nose,

that it confers the preliminary shaping and the initiation of all

legislation upon the cabinet, a body which deliberates and resolves in

strict secrecy,--and so reminds him, remotely enough, of the Spartan

Ephors and the Venetian Council of Ten. He commends, by contrast,

that constitution (our own, which he sees at a great distance) which

reserves to the legislature itself the origination and drafting of

its measures. It is hard for us, who have this commended constitution

under our noses, to perceive wherein we have the advantage. British

legislation is for the most part originated and shaped by a single

committee, acting in secret, whose proposals, when produced, are

eagerly debated and freely judged by the sovereign legislative body.

Our legislation is framed and initiated by a great many committees,

deliberating in secret, whose proposals are seldom debated and only

perfunctorily judged by the sovereign legislative body. It is

impossible to mistake the position and privileges of the Brutish

cabinet, so great and conspicuous and much discussed are they. They

simplify the whole British system for men’s comprehension by merely

standing at the centre of it. But our own system is simple only in

appearance. It is easy to see that our legislature and executive are

separate, and that the legislature matures its own measures by means of

committees of its own members. But it may readily escape superficial

observation that our legislature, instead of being served, is ruled

by its committees; that those committees prepare their measures in

private; that their number renders their privacy a secure secrecy, by

making them too many to be watched, and individually too insignificant

to be worth watching; that their division of prerogatives results in a

loss, through diffusion, of all actual responsibility; and that their

co-ordination leads to such a competition among them for the attention

of their respective houses that legislation is rushed, when it is not

paralyzed.

It is thus that, whilst all real power is in the hands of Congress,

that power is often thrown out of gear and its exercise brought

almost to a standstill. The competition of the committees is the clog.

Their reports stand in the way of each other, and so the complaint is

warranted that Congress can get nothing done. Interests which press for

attention in the nation are reported upon by the appropriate committee,

perhaps, but the report gets pushed to the wall. Or they are not

reported upon. They are brought to the notice of Congress, but they

go to a committee which is unfavorable. The progress of legislation

depends both upon the fortunes of competing reports and upon the

opinions held by particular committees.

The same system of committee government prevails in our state

legislatures, and has led to some notable results, which have recently

been pointed out in a pamphlet entitled _American Constitutions_,

contributed to the Johns Hopkins series of Studies in History and

Political Science by Mr. Horace Davis. In the state legislatures, as

in Congress, the origination and control of legislation by standing

committees has led to haphazard, incoherent, irresponsible law-making,

and to a universal difficulty about getting anything done. The result

has been that state legislatures have been falling into disrepute in

all quarters. They are despised and mistrusted, and many States have

revised their constitutions in order to curtail legislative powers and

limit the number and length of legislative sessions. There is in some

States an apparent inclination to allow legislators barely time enough

to provide moneys for the maintenance of the governments. In some

instances necessary powers have been transferred from the legislatures

to the courts; in others to the governors. The intent of all such

changes is manifest. It is thought safer to entrust power to a law

court, performing definite functions under clear laws and in accordance

with strict judicial standards, or to a single conspicuous magistrate,

who can be watched and cannot escape responsibility for his official

acts, than to entrust it to a numerous body which burrows toward its

ends in committee-rooms, getting its light through lobbies; and which

has a thousand devices for juggling away responsibility, as well as

scores of antagonisms wherewith to paralyze itself.

Like fear and distrust have often been felt and expressed of late years

concerning Congress, for like reasons. But so far no attempt has been

made to restrict either the powers or the time of Congress. Amendments

to the Constitution are difficult almost to the point of impossibility,

and the few definite schemes nowadays put forward for a revision of the

Constitution involve extensions rather than limitations of the powers

of Congress. The fact is that, though often quite as exasperating to

sober public opinion as any state legislature, Congress is neither so

much distrusted nor so deserving of distrust. Its high place and vast

sphere in the government of the nation cause its members to be more

carefully chosen, and its proceedings to be more closely watched, and

frequently controlled by criticism. The whole country has its eyes

on Congress, and Congress is aware of the fact. It has both the will

and the incentive to be judicious and patriotic. Newspaper editors

have constantly to be saying to their readers, ‘Look what our state

legislators are doing;’ they seldom have to urge, ‘Look what Congress

is doing.’ It cannot, indeed, be watched easily, or to much advantage.

It requires a distinct effort to watch it. It has no dramatic contests

of party leaders to attract notice. Its methods are so much after the

fashion of the game of hide-and-seek that the eye of the ordinary man

is quite baffled in trying to understand or follow them, if he try only

at leisure moments. But, at the same time, the interests handled by

Congress are so vast that at least the newspapers and the business men,

if no others, must watch its legislation as best they may. However hard

it may be to observe, it is too influential in great affairs to make it

safe for the country to give over trying to observe it.

But though Congress may always be watched, and so in a measure

controlled, despite its clandestine and confusing methods, those

methods must tend to increase the distrust with which Congress is

widely regarded; and distrust cannot but enervate, belittle, and

corrupt this will-centre of the Constitution. The question is not

merely, How shall the methods of Congress be clarified and its ways

made purposeful and responsible? There is this greater question at

stake: How shall the essential arrangements of the Constitution be

preserved? Congress is the purposing, designing, aggressive power of

the national government. Disturbing and demoralizing influences in

the organism, if there be any, come out from its restless energies.

Damaging encroachments upon ground forbidden to the federal government

generally originate in measures of its planning. So long as it

continues to be governed by unrelated standing committees, and to take

its resolves in accordance with no clear plan, no single, definite

purpose, so long as what it does continues to be neither evident nor

interesting, so long must all its exertions of power be invidious; so

long must its competition with the executive or the judiciary seem

merely jealous and always underhand: so long must it remain virtually

impossible to control it through public opinion. As well ask the

stranger in the gallery of the New York Stock Exchange to judge of

the proceedings on the floor. As well ask a man who has not time to

read all the newspapers in the Union to judge of passing sentiment in

all parts of the country. Congress in its composition is the country

in miniature. It realizes Hobbes’s definition of liberty as political

power divided into small fragments. The standing committees typify

the individuals of the nation. Congress is better fitted for counsel

than the voters simply because its members are less than four hundred

instead of more than ten millions.

It has been impossible to carry out the programme of the Constitution;

and, without careful reform, the national legislature will even more

dangerously approach the perilous model of a mass meeting. There are

several ways in which Congress can be so integrated as to impart to

its proceedings system and party responsibility. That may be done

by entrusting the preparation and initiation of legislation to a

single committee in each house, composed of the leading men of the

majority in that house. Such a change would not necessarily affect the

present precedents as to the relations between the executive and the

legislature. They might still stand stiffly apart. Congress would be

integrated and invigorated, however, though the whole system of the

government would not be. To integrate that, some common meeting-ground

of public consultation must be provided for the executive and the

houses. That can be accomplished only by the admission to Congress,

in whatever capacity,--whether simply to answer proper questions and

to engage in debate, or with the full privileges of membership,--of

official representatives of the executive who understand the

administration and are interested and able to defend it. Let the tenure

of ministers have what disconnection from legislative responsibility

may seem necessary to the preservation of the equality of House and

Senate, and the separation of administration from legislation; light

would at least be thrown upon administration; it would be given the

same advantages of public suggestion and unhampered self-defence that

Congress, its competitor, has; and Congress would be constrained to

apply system and party responsibility to its proceedings.

The establishment in the United States of what is known as

‘ministerial responsibility’ would unquestionably involve some

important changes in our constitutional system. I am strongly of the

opinion that such changes would not be too great a price to pay for the

advantages secured us by such a government. Ministerial responsibility

supplies the only conditions which have yet proved efficacious, in the

political experience of the world, for vesting recognized leadership

in men chosen for their abilities by a natural selection of debate in

a sovereign assembly of whose contests the whole country is witness.

Such survival of the ablest in debate seems the only process available

for selecting leaders under a popular government. The mere fact that

such a contest proceeds with such a result is the strongest possible

incentive to men of first-rate powers to enter legislative service;

and popular governments, more than any other governments, need leaders

so placed that, by direct contact with both the legislative and the

executive departments of the government, they shall see the problems of

government at first hand; and so trained that they shall at the same

time be, not mere administrators, but also men of tact and eloquence,

fitted to persuade masses of men and to draw about themselves a loyal

following.

If we borrowed ministerial responsibility from England, we should,

too, unquestionably enjoy an infinite advantage over the English in

the use of it. We should sacrifice by its adoption none of that great

benefit and security which our federal system derives from a clear

enumeration of powers and an inflexible difficulty of amendment. If

anything would be definite under cabinet government, responsibility

would be definite; and, unless I am totally mistaken in my estimate of

the legal conscience of the people of this country,--which seems to

me to be the heart of our whole system,--definite responsibility will

establish rather than shake those arrangements of our Constitution

which are really our own, and to which our national pride properly

attaches, namely, the distinct division of powers between the state and

federal governments, the slow and solemn formalities of constitutional

change, and the interpretative functions of the federal courts. If

we are really attached to these principles, the concentration of

responsibility in government will doubly insure their preservation. If

we are not, they are in danger of destruction in any case.

But we cannot have ministerial responsibility in its fulness

under the Constitution as it stands. The most that we can have is

distinct legislative responsibility, with or without any connection

of co-operation or of mutual confidence between the executive and

Congress. To have so much would be an immense gain. Changes made to

this end would leave the federal system still an unwieldy mechanism

of counteracting forces, still without unity or flexibility; but we

should at least have made the very great advance of fastening upon

Congress an even more positive form of accountability than now rests

upon the President and the courts. Questions of vast importance and

infinite delicacy have constantly to be dealt with by Congress; and

there is an evident tendency to widen the range of those questions.

The grave social and economic problems now thrusting themselves

forward, as the result of the tremendous growth and concentration of

our population, and the consequent sharp competition for the means

of livelihood, indicate that our system is already aging, and that

any clumsiness, looseness, or irresponsibility in governmental action

must prove a source of grave and increasing peril. There are already

commercial heats and political distempers in our body politic which

warn of an early necessity for carefully prescribed physic. Under

such circumstances, some measure of legislative reform is clearly

indispensable. We cannot afford to put up any longer with such

legislation as we may happen upon. We must look and plan ahead. We must

have legislation which has been definitely forecast in party programmes

and explicitly sanctioned by the public voice. Instead of the present

arrangements for compromise, piecemeal legislation, we must have

coherent plans from recognized party leaders, and means for holding

those leaders to a faithful execution of their plans in clear-cut Acts

of Congress.

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An old master, and other political essays · 第 7 / 8 段