the Recall is difficult because it is so recent a development and
still so little used that few data are available. The state-wide
Recall has been in existence for a number of years, yet few state
officials have been removed by it. Los Angeles used the Recall to
unseat the mayor in 1904 and in 1909, and in 1911 the device was used
against the mayor of Seattle. But the Recall is primarily a threat,
and is rarely used. In view of this fact, the arguments for and
against the device rest upon theory rather than upon actual
experience. The Recall has great possibilities for good if wisely
administered, but it may become an evil influence if carelessly or
revengefully used.
477. SIGNIFICANCE OF POPULAR CONTROL.--The development of the
Initiative, the Referendum, and the Recall indicates a growing
impatience with the abuses of party power, the evils of the long
ballot, and the corruption and inefficiency of many legislative
bodies. It is significant that direct popular control has accompanied
the widespread movement to reform municipal government, and that it is
playing an increasingly important part in the movement to reform state
administration.
Up to the present time, the Initiative, the Referendum, and the Recall
have been confined chiefly to the West, where political problems are
less acute than in the East, and where, too, the tendency toward
direct participation in government has always been marked.
Nevertheless, there is some indication that the future will see an
extension of direct popular control, not only in the West, but also in
other parts of the country. Whether or not this extension is desirable
we cannot now say. But certainly it is an interesting and important
development, and one demanding careful study and mature deliberation
on the part of those who seek to make American government highly
effective.
QUESTIONS ON THE TEXT
1. What is the basis of popular control?
2. Name several methods of indirect control, and point out the
objections to each.
3. What is the Initiative?
4. Distinguish between the Direct and the Indirect Initiative.
5. What is the Referendum?
6. What is the extent of the Referendum in this country?
7. What is Direct Legislation?
8. Summarize the arguments in favor of Direct Legislation.
9. What objections are urged against Direct Legislation?
10. What is the Recall?
11. To what extent has the Recall been adopted in this country?
12. What arguments are used to justify the use of the Recall?
13. What are the chief objections to the Recall?
14. What is the present status of the Recall?
15. What is the significance of direct popular control?
REQUIRED READINGS
1. Williamson, _Readings in American Democracy_, chapter xxxvii.
Or all of the following:
2. Beard, _American Government and Politics_, chapter xxiii.
3. Massachusetts Constitutional Convention Bulletins (1917), No. 6.
4. Munro, _The Government of the United States_, chapter xxv.
5. Lowell, _Public Opinion and Popular Government_, chapters xiii,
xiv, and xv.
QUESTIONS ON THE REQUIRED READINGS
1. Summarize the principles underlying the Initiative and Referendum.
(Beard, pages 469-471.)
2. Name some states in which the Initiative and the Referendum have
been established. (Beard, page 463.)
3. Describe the workings of the Initiative. (Munro, page 506.)
4. Describe the workings of the Referendum. (Munro, pages 507-508.)
5. To what extent has there been an attempt to apply the Initiative
and Referendum to national legislation? (Beard, pages 465-466.)
6. In what ways does Direct Legislation establish a system of minority
rule? (Munro, page 515.)
7. To what extent does Direct Legislation delay law-making? (Lowell,
pages 226-228.)
8. What is the nature of the laws enacted by the Initiative? (Lowell,
pages 205-206.)
9. What has been the attitude of the courts toward the Initiative and
Referendum? (Massachusetts Bulletin, pages 41-43.)
10. Enumerate the forms of the Recall. (Beard, pages 472-473.)
11. What part did the Recall play in early American history? (Munro,
page 516.)
12. Describe the Recall election. (Munro, page 520.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. The proportion of the public officials of your municipality who may
be removed by an appointing authority.
2. Impeachment in your state. (Consult the state constitution.)
3. Extent to which the constitution of your state has been amended.
4. The Initiative in your state.
5. The Referendum in your state.
6. Extent to which the Initiative and the Referendum are found
together in your state.
7. The Recall in your state. If this device has not been adopted in
your state, find out whether or not its adoption is being agitated.
II
8. Development of Direct Legislation in the United States. (Munro,
_The Initiative, Referendum and Recall_, chapter iv.)
9. Representative versus Direct Legislation. (Munro, _The Initiative,
Referendum and Recall_, chapters vii and viii.)
10. The Initiative and Referendum in Oregon. (Kaye, _Readings in Civil
Government_, pages 295-303; Munro, _The Initiative, Referendum and
Recall_, chapters ix and x.)
11. The Initiative in Switzerland. (_Annals_, vol. xliii, pages 110-
145.)
12. The Referendum in Switzerland. (_Annals_, vol. xliii, pages 110-
145; Lowell, _Public Opinion and Popular Government_, chapter xii.)
13. Development of the Recall. (Munro, _The Initiative, Referendum and
Recall_, chapter xii.)
14. The Recall in Los Angeles. (Munro, _The Initiative, Referendum and
Recall_, chapter xiv.)
15. The Recall in Oregon. (Munro, _The Initiative, Referendum and
Recall_, chapter xi.)
16. The Recall in Seattle. (Munro, _The Initiative, Referendum and
Recall_, chapter xv.)
17. The Recall in Switzerland. (_Annals_, vol. xliii, pages 110-145.)
18. The Judicial Recall. (_Annals_, vol. xliii, part iii.)
19. Judicial decisions relating to the Initiative, Referendum and
Recall. (Beard and Schultz, _Documents on the State-wide Initiative,
Referendum and Recall_, chapters xxxi-xxxvi.)
FOR CLASSROOM DISCUSSION
20. Should the Initiative and Referendum be applied to National
legislation?
21. Do the Initiative and Referendum increase the burden upon the
voter?
22. The effect of the Initiative and Referendum upon the character of
the state legislature.
23. Should the Recall be applied to judges?
24. Merits and defects of such forms of direct popular control as
exist in your state.
25. Future development of direct popular control in the United States.
CHAPTER XXXVIII
PUBLIC OPINION
478. THE NATURE OF PUBLIC OPINION.--One of the most powerful
influences in any community is that intangible something which we call
Public Opinion. Though everyone is familiar with it, the term Public
Opinion is difficult to define. Public Opinion is intimately connected
with the opinion of the individual, and yet is something more than a
mere total of individual opinions.
Every man has a set of opinions or beliefs which are characteristic of
his native instincts, his home training, and other influences which
have helped mould his personality. Wherever individuals associate, the
opinions of each person affect and are affected by the opinions of his
fellows. As the result of this interaction we think of public opinion
as being made up of a number of different currents, each embodying a
view, a belief, or a doctrine. Where many individuals support a given
view with moderate intensity, or where a small group feels very
intensely upon a given topic, we say that Public Opinion has formed.
Public Opinion may be defined as a definite focus of individual
opinions which are either numerous or intense enough to constitute a
recognizable force, and to exert a noticeable influence upon the life
of the community.
479. PUBLIC OPINION AND LAW.--It is characteristic of the human mind
that we perceive concrete and tangible things more easily than we
understand abstract and intangible forces. Law is a definite,
concrete, almost tangible thing; we perceive its outlines, recognize
its various forms, and understand its nature and significance. But it
is less easy to understand that law may be only a symptom of Public
Opinion, only the concrete expression of intangible community
sentiment. There is an interaction between law and Public Opinion, but
the latter is the more fundamental and the more powerful. Public
Opinion which is vigorous and well-organized may force the enactment
of law; on the other hand, a law which runs counter to the prevailing
state of Public Opinion may cease to be effective, because individuals
will not co÷perate in enforcing it. Law half leads, half follows
Public Opinion, and when legislators are skilled in discerning and
influencing the mental attitudes of the people, law and Public Opinion
pretty well keep pace with one another.
480. PUBLIC OPINION IN A DEMOCRACY.--The beliefs and opinions of the
masses have been an important force even in the most absolute of
monarchies; in representative democracies Public Opinion is even more
important. Under a democratic form of government the attitude of the
masses tends to be one of inquiry, self-confidence, and self-
expression upon public questions. Lord Bryce has pointed out that
because democracy permits and encourages freedom of discussion, Public
Opinion in a country like the United States becomes much more powerful
than in less democratic countries.
And not only is Public Opinion more powerful in a democracy, but
democracy is impossible without the regular exercise of a well-
informed and sensible opinion by the majority of its citizens.
Democracy emphasizes government _by_ the people rather than government
_of_ the people. Thus if genuine democracy is to be developed and
sustained, the people must cultivate an attitude of constant vigilance
against civic indifference. Nominations and elections are focal
periods in government, but government is a continuous obligation which
requires constant rather than intermittent attention. Where civic
interest is neither strong nor consistent, the virtues of democracy
may be diffused in blind and leaderless wanderings.
481. DEVELOPMENT OF PUBLIC OPINION.--Even though never definitely
focused or expressed, the vague beliefs, fancies, and prejudices of
individuals may influence public affairs by causing community leaders
to feel that "the people" will or will not tolerate a contemplated
line of action.
But the influence exerted will be much greater if the opinions of the
individual are definite, and if there is some method of clarifying,
co÷rdinating and expressing the opinions of groups of individuals upon
a given subject. If the opinions of the individual are to be definite
and concrete, he must habitually come in contact with forceful persons
and institutions; if the opinions of various individuals are to be
co÷rdinated and expressed there must be either physical contiguity
among people, or else adequate means of transportation and
communication.
We may now consider a few of the forces which serve to make definite
and to organize the opinions of individuals.
482. THE HOME.--Certainly no institution exerts a more powerful
influence upon the beliefs and opinions of the individual than the
home. Our basic ideals and traditions pass from generation to
generation through the continuity of the family life. During the
plastic and impressionable period of infancy the child is constantly
under the influence of the parents. At first fashioned largely by the
parents, the beliefs and sentiments of the growing child are later
modified by contact with other family members. When children go out to
the school, the church or the workshop, beliefs and attitudes
encountered outside the home are weighed in the light of family
teachings. When young men and young women make homes of their own,
they in turn imprint upon their children a complex of tradition and
opinion which is the compromise result of their own family training,
modified by influences later encountered outside the family circle.
483. THE SCHOOL.--Supplementing, and in some respects supplanting, the
influence of the home is the influence of the school. While still in
the plastic stage the child is given over to the moulding influences
of teacher and fellow-students. New contacts are made, new opinions
are encountered, new avenues of thought and action are opened to the
young and growing mind. Of recent years the tendency of the school to
identify itself more closely with the practical life of the community
is increasing the power and influence of that institution. The school
is proving a genuine means of transition between the relatively
localized influence of the home and the more widely diffused
influences of the community.
484. THE CHURCH.--Closely related to the school as a determinant of
opinion is the church. In the early stages of social development the
home was equally the center of intellectual and religious life, but in
recent times the church and the school have become separate, though
related, institutions. The child spends more time in school than in
the company of religious instructors other than his parents, but
affiliation with the church often continues throughout the life of the
individual, while the average child leaves school at a relatively
early age. From the standpoint of Public Opinion, the primary
importance of the church is that it exerts a powerful influence upon
the ideals and conduct of both young and old. And as in the case of
the school, this influence is being deepened by the increasingly close
connection between the church and the practical life of the community.
485. THE THEATER.--The theatre has always been a vital influence in
man's aesthetic and emotional life. Drama, opera, comedy, and
burlesque are variant forms, but they are alike in that they influence
the audience. In the last decade the moving picture has greatly
increased the power and influence of the theatre. The low price of the
moving picture brings the theatre to millions who formerly were
excluded from any appreciable degree of theatrical entertainment. The
daily moving picture attendance of ten million people, the stimulating
effect of music, the strong emotional appeal, the tender age of many
of the audience, and the growing use of the moving picture as
propaganda, all combine to make the film a powerful factor in the
formation of Public Opinion.
486. THE PRESS.--The press is the nervous system of the nation.
Supplemented by other means of communication, and aided by agencies of
transportation, the press co÷rdinates individuals not physically
contiguous, and thus enables them to act in concert. It lets everybody
know what everybody else is thinking, or at least what they are
supposed to be thinking. The forms of the printed page are infinitely
various: daily papers, weeklies, monthlies, pamphlets, and books,--all
of these are increasingly numerous. Statesmen, teachers, reformers,
propagandists, and professional writers combine to turn out tons of
printed matter a day. Pictures, jokes, contests, and stories are
resorted to for the purpose of attracting attention. Editorials,
advertisements, and news articles are among the vehicles of expression
used. Printed matter does not wait for the individual to seek it out,
but instead it goes to him. In various forms it encounters him in the
street, stares at him from shop windows and billboards, forces itself
upon his attention in the street cars, and knocks at the door of his
private dwelling. In all its forms, it should be remembered, the
dominant aim of the printed page is to influence the individual, to
cause him to do something or to refrain from doing something.
487. GROWING IMPORTANCE OF PUBLIC OPINION.--Despite the volume of
European immigration to this country, American ideals and institutions
are rendering our population more and more homogeneous, and thus more
open to unifying influences. The increasing ease of transportation and
communication is everywhere making isolation more difficult. Not only
are the school, the church, the press, and the theatre widening in
scope and increasing in influence, but new forms of expression are
developing. There is a growing number of private organizations
advocating social, economic, or political reforms. The popularization
of psychology has encouraged the rise of innumerable forms of
propaganda designed to influence the opinions of the community and
nation. Occupational and social groups are everywhere organizing,
clarifying their opinions, and expressing common principles in the
effort to influence the public mind. All of these factors combine to
increase the importance of Public Opinion in present-day American
life.
488. DANGERS OF UNREGULATED PUBLIC OPINION.--The growing power of
Public Opinion brings with it increased possibilities for good, but
also increased possibilities for evil. In an important sense, this is
the age of the propagandist, the crank reformer, and the subsidized
newspaper, the age of the agitator who spreads lies through anonymous
letters, unsigned posters, and irresponsible whisperings. The
individual must be constantly on his guard against this flood; he must
recognize that Public Opinion is often capricious, and that a sudden
hysteria may inflict untold injury. The morality of a mob is inferior
to the morality of the individuals composing the mob, because in a mob
the sense of power is dominant and the sense of responsibility is
suppressed. Properly speaking a mob depends upon physical contiguity,
but the co÷rdinating influence of rapid transportation and
communication may create a mob spirit between individuals not
physically in contact. When propaganda lashes into a passion groups of
people in widely separated areas, democracy becomes the most dangerous
of all forms of government: there is no sure hand upon the helm, the
people control _en masse_, in a burst of passion they may lay waste
the social heritage of centuries.
489. FREEDOM A PARTIAL SAFEGUARD AGAINST UNSOUND PUBLIC OPINION.--
While democracy facilitates the creation of the mob spirit, it
likewise carries within itself at least a partial remedy for unsound
Public Opinion. Men's opinions are infinitely various: the same
community that produces the fanatic or the impractical idealist
generally produces sensible and practical men as well. In politics men
everywhere tend to divide into a radical group and a conservative
group, between which control of the government oscillates.
Where freedom of expression is permitted, the existence of these two
antagonistic camps is automatically a safeguard of the public welfare.
Any one of a number of groups of people might ruin the country if left
to themselves. But they are _not_ left to themselves. Their opponents
are constantly criticizing and checking them. When cranks launch
propaganda, conservative critics launch counter-propaganda; when
special interests attempt to influence the public mind, public-
spirited individuals or organizations force both sides of the question
before the public. When public officials neglect their duties, a
thousand discerning men are ready to shout the fact from the
housetops. Though the majority party secures control of government,
the minority is never idle. Rather, it is constantly watching,
waiting, marshaling opinion against the majority, calling public
attention to the mistakes of their opponents, and agitating for a
change of administration.
490. THE GUIDANCE OF PUBLIC OPINION.--Let us briefly consider the
question of guiding or directing the formulation of sound Public
Opinion. In a free country, such guidance may sometimes prove
dangerous, and yet careful direction of the formulation of Public
Opinion is justified by two facts: First, the formulation of sound
opinion is retarded by the great difficulty of securing adequate
information on the great problems of modern civilization. Here the
individual needs some help. Second, everyone who can distinguish
between license and liberty must agree that we should limit the
influence of individuals and institutions which suppress minority
opinion, and distort facts in the effort to pervert Public Opinion.
These considerations suggest two distinct lines of action.
First, we can aid in the formulation of sound opinion by making it
easier for the individual to secure data and information on current
topics. The extension and perfection of the postal service, the
improvement of our system of transportation, the spread of the school
and library, and possibly the free distribution of literature dealing
with the nature and functions of government, these and similar
measures would prove helpful.
Second, law and moral education ought to co÷perate in suppressing
influences which seek deliberately to poison or pervert the public
mind. Free speech is a priceless element in democracy, but just as we
must harmonize individual liberty with the interests of the group, so
we must prevent the use of free speech for criminal purposes.
Especially ought the press and the school to be encouraged to give
both sides of debatable questions. Every agency dealing with the
issues of American life, indeed, ought to be careful not to distort
those issues by suppressing or misusing facts. Above all, we must be
careful not to pander to low ideals by emphasizing the negative and
destructive side of our problems.
491. RESPONSIBILITY OF THE INDIVIDUAL.--A progressive civilization
confers more and more benefits upon the individual, but his duties and
responsibilities increase with equal speed. As Theodore Roosevelt once
said, "It is not difficult to be virtuous in a cloistered and negative
way," but honestly and effectively to fulfill the obligations of
citizenship in a complex society is less easy. And yet the need of
individual responsibility is infinitely greater in a modern community
than among the members of an isolated and self-sufficient group. When
small isolated villages were the dominant form of American settlement,
the laxness of one group did not vitally affect the welfare of other
groups. But so entwined are the present-day citizens of the United
States that the acts of one individual may vitally affect the national
well-being. The carelessness of a food canner on the Pacific coast may
cost the life of a family on the Atlantic seaboard; a swindle
originating in the East may demoralize individuals throughout the
country. The obligations of citizenship have become national as well
as local; in thought and in action the individual must function, not
only in terms of his locality, but in terms of the nation as well.
492. THE POWER OF THE INDIVIDUAL.--Measuring himself against more than
a hundred million of his fellows, the average American citizen is
likely to be overpowered by the apparent futility and powerlessness of
his personal opinions. And yet the power of the nation is only the
result of the combined influences of its individual citizens. All
power is with the individual. However much the absolute monarchy may
have suppressed the individual, in a democracy he can become a vital
force in government. We are too fond of taking censuses on the one
hand, and of deferring to governmental mechanisms on the other. The
individual _is_ master of his fate, and he _is_ the ultimate
determinant of government. If government is sound, the misbehavior of
the individual can ruin it; if government is defective, the assumption
of responsibility by the individual must ultimately reform it. We do
not need a fool-proof government half as much as we need active,
responsible individuals to run the government we already have. "How
long will American democracy last?" a European statesman once asked.
"Just so long," the answer might have been, "as Americans honestly and
intelligently grapple with the problems confronting them, holding
themselves individually responsible for the conduct of government, and
seeking consistently to exert an influence upon their community life
which shall be constructive and inspirational."
QUESTIONS ON THE TEXT
1. Define Public Opinion.
2. What is the relation of Public Opinion to law?
3. What is the importance of Public Opinion in a democracy?
4. Why should the opinions of individuals be clarified and organized?
5. Describe the importance of home life in this regard.
6. How does the school affect the opinions of individuals?
7. What is the significance of the church with regard to Public
Opinion?
8. What is the effect of the theatre upon Public Opinion?
9. Explain clearly the relation of the press to Public Opinion.
10. What are the dangers of unregulated Public Opinion?
11. In what way is freedom a safeguard against unsound Public Opinion?
12. What two facts justify the guidance of Public Opinion?
13. Discuss the relation of Public Opinion to the individual.
14. What can be said as to the power of the individual?
REQUIRED READINGS
1. Williamson, _Readings in American Democracy_, chapter xxxviii.
Or all of the following:
2. Brewer, _American Citizenship_, chapter v.
3. Bryce, _Modern Democracies_, vol. i, chapter xv; vol. ii, chapter
xliv.
4. Lowell, _Popular Government and Public Opinion_, chapter iii.
QUESTIONS ON THE REQUIRED READINGS
1. What is the relation of homogeneity of population to Public
Opinion? (Lowell, pages 34-35.)
2. Why must the minority be free to express its dissent? (Lowell,
pages 36-37.)
3. How is the drift of Public Opinion to be determined? (Bryce, vol.
i, pages 155-156.)
4. What is the relation of Public Opinion to voting? (Bryce, vol. i,
pages 159-161.)
5. Compare Public Opinion in the United States with Public Opinion in
other countries. (Bryce, vol. ii, pages 112-113.)
6. Compare the press of the United States with that of Europe. (Bryce,
vol. ii, page 118.)
7. What is the relation of Public Opinion to local self-government?
(Bryce, vol. ii, pages 115-116.)
8. What is the relation of Public Opinion to social legislation?
(Bryce. vol. ii, page 126.)
9. What is the great defect of Public Opinion? (Bryce, vol. i, page
162.)
10. What is the one great clear purpose in civic life? (Brewer, pages
120-121.)
11. What qualities must we possess in order to carry out this purpose?
(Brewer, pages 120-121.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. Make a list of some of your beliefs and opinions concerning the
recent World War, and try in each case to trace the origin of each
belief or opinion.
2. Toward which political party are you inclined? To what extent is
this inclination due to
(a) the influence of your parents;
(b) what you have read in the newspapers;
(c) what you have personally observed?
3. Make a list of the opinions which you originally acquired in your
home, and which have since been modified by what you have studied in
school.
4. To what extent are your personal standards of conduct traceable to
what you have seen at the theatre?
5. List the private organizations in your community which exist for
the purpose of advocating reforms of various kinds.
6. Make a study of the forms of propaganda utilized in a single copy
of any metropolitan newspaper.
7. To what extent does your local press give both sides of debatable
questions?
II
8. The nature of Public Opinion. (Lowell, _Public Opinion and Popular
Government_, chapters i and ii.)
9. Relation of Public Opinion to law. (Forman, _The American
Democracy_, pages 235-238.)
10. Government by Public Opinion. (Bryce, _The American Commonwealth_,
vol. ii, chapter lxxvii.)
11. The type of questions to which Public Opinion can apply. (Lowell,
_Public Opinion and Popular Government_, chapter iv.)
12. The relation of tradition to Public Opinion. (Bryce, _Modern
Democracies_, vol. i, chapter xiii.)
13. Private associations for the advancement of group interests.
(Young, _The New American Government and its Work_, chapter xxvii.)
14. Tyranny of the majority. (Bryce, _The American Commonwealth_, vol.
ii, chapters lxxxiv and lxxxv.)
15. Attitude of the individual in a democracy. (Speare and Norris,
_World War Issues and Ideals_, pages 170-182.)
16. The obligations of citizenship. (Cleveland, _Organized Democracy_,
chapter viii; Brewer, _American Citizenship_, chapters i-iv.)
17. The hindrances to good citizenship. (Bryce, _The Hindrances to
Good Citizenship_.)
18. Leadership in a democracy. (Bryce, _Modern Democracies_, vol. ii,
chapter lxxvi.)
19. Relation between freedom and responsibility. (Hadley, _The
Relation between Freedom and Responsibility in the Evolution of
Democratic Government_.)
20. The influence of ideals upon civic conduct. (Adams, _The Power of
Ideals in American History_.)
21. Wherein Public Opinion fails. (Bryce, _The American Commonwealth_,
vol. ii, chapter lxxxvi.)
22. Wherein Public Opinion succeeds. (Bryce, _The American
Commonwealth_, vol. ii, chapter lxxxvii.)
FOR CLASSROOM DISCUSSION
23. Suppose the public highways in your locality were in bad
condition. How would you go about it to remedy the situation?
24. Which has more influence upon the opinions of people, the school
or the press?
25. Are the Initiative and the Referendum adequate methods of
ascertaining the prevailing state of Public Opinion?
26. Is freedom of speech an adequate safeguard of the rights of
minorities?
27. To what extent, if to any, should Federal and state authorities
distribute free literature concerning the nature and functions of
American government?
28. How might co÷peration in the study of civic problems be promoted
in your community?
PART V--THE MECHANISM OF GOVERNMENT
A. THE FEDERAL GOVERNMENT
CHAPTER XXXIX
THE FEDERAL SYSTEM OF GOVERNMENT
A. BACKGROUND OF THE FEDERAL CONSTITUTION [Footnote: For a fuller
discussion of the background of the Federal Constitution, see Chapters
II and III.]
493. COLONIAL GOVERNMENTS.--It is possible to classify the American
colonies as charter, royal, and proprietary, and to point out
important differences between these three types.
But these differences fade in importance before the broad and
fundamental similarities existing among the colonies. Just as there
was among the colonies a substantial unity of race, language, and
religion, so there was a basic similarity in political institutions.
All of the colonies were under relatively the same degree of control
by England, and consequently all of them had much the same degree of
freedom in managing their own affairs. In each colony a governor acted
as chief executive. In each colony, likewise, there was a legislature.
In most of the colonies this legislature consisted of two houses, the
lower of which was elected by the people. Colonial jurisprudence
everywhere grounded upon the common law of England. In each colony
there was a system of courts, largely following English judicial
procedure. In local government there was a good deal of variation
among the colonies, but everywhere the English model was followed, and
everywhere the principle of local autonomy was asserted and
championed.
494. EARLY ATTEMPTS AT UNION.--These fundamental similarities,
together with the rise of common problems and the pressure of outside
enemies, encouraged federation among the colonies. A notable attempt
at union was made in 1643, when Massachusetts Bay, Plymouth,
Connecticut, and New Haven united in a league of friendship, primarily
for mutual defense against the Indians. This league rendered effective
service during the forty years of its life. In 1754 delegates from
seven colonies met at Albany and adopted a plan of union proposed by
Benjamin Franklin. The project was never carried through, but it is
significant as indicating the trend toward union. Still later (1765)
the Stamp Act Congress showed that the delegates of at least nine
colonies could join in a protest against England's taxation policy.
The two Continental Congresses may also be considered as steps toward
union. The first of these (1774) concerned itself chiefly with a
declaration of rights and grievances, but the second (1775-1781) went
so far as to assume and exercise revolutionary powers.
495. THE ARTICLES OF CONFEDERATION.--Impelled by the necessity of a
united front against England, the Second Continental Congress sought
to give force to the Declaration of Independence by drawing up a
comprehensive plan of union. This plan, embodied in the Articles of
Confederation, was put into operation on March 1, 1781. The new
government was a confederation or league of states, rather than a
federal government such as we have to-day. The states gave up such
important powers as the right to declare war, and the right to borrow
and coin money, but the Articles specifically declared that "each
state retains its sovereignty, freedom, and independence, and every
power, jurisdiction, and right which is not by this federation
delegated to the United States in Congress assembled."
The Confederation government was seriously defective. There was no
national executive and no judiciary. All authority was concentrated in
a one-chambered congress, the delegates to which were entirely under
the control of the state legislatures which chose them. The central
government had no real authority or power. Its congress could reach
the individual only through the action of the state governments, and
these it could not coerce. The Confederation government managed to
carry the states through the last two years of the war, and then
declined rapidly in power and influence. The Congress could not force
the states to co÷perate with one another in matters of national
interest. The inability of the central government, either to pay the
interest on the national debt or to force the states to observe
treaties which we made with foreign powers, cost us the respect of
Europe. "We were bullied by England," writes John Fiske of this
period, "insulted by France, and looked askance at in Holland."
The defects of the Articles could not be remedied, for amendment was
by unanimous consent only, and on every occasion that an amendment was
proposed, one or more states refused their assent. By 1786 it was the
conviction of most American statesmen that if the country were to be
saved from anarchy and ruin the central government would have to be
reorganized.
496. THE CONSTITUTIONAL CONVENTION OF 1787.--In May, 1787, delegates
from every state except Rhode Island came together in Philadelphia to
consider "means necessary to render the Constitution of the Federal
government adequate to the exigencies of the Union."
Early in the session Edmund Randolph introduced what has been called
the Virginia plan. This called for an abandonment of the Articles of
Confederation and demanded the establishment of a strong national
government. The Virginia plan favored the larger and more populous
states by providing a national Congress of two houses, in both of
which representation was to be on the basis of population.
Of the several other plans put before the Convention the most notable
was that proposed by William Paterson of New Jersey. The adherents of
this plan wished to retain the Articles of Confederation. The Articles
were to be revised so as to give greater powers to the central
government, but in most practical concerns the states were to continue
sovereign. The New Jersey plan opposed the idea of a two-chambered
legislature in which the states were to be represented on the basis of
population. If representation in both houses of Congress were on the
basis of population, it was declared, the larger and more populous
states would be able to dominate the National government and the
rights of the smaller states would be inadequately safeguarded.
After a long debate a compromise plan was adopted. It was agreed that
there should be established a strong national government, but one
sufficiently checked by constitutional provisions to safeguard the
rights of the states. The national legislature was to consist of two
houses. In the upper house the states were to be represented equally,
while in the lower chamber representation was to be on the basis of
population.
497. THE NEW GOVERNMENT.--The Convention completed the Constitution on
September 17, 1787, and the document was immediately placed before the
states. By the summer of 1788 the necessary number of states had
ratified the Constitution, and on April 30, 1789, the new government
was put to work under George Washington as first President.
The English statesman Gladstone has implied that our Constitution was
an original creation, "struck off at a given time by the brain and
purpose of man." But as a matter of fact the Constitution was not so
much the result of political originality as it was a careful selection
from British and colonial experience. The trial of the Confederation
government had proved especially valuable, and in drawing up the
Federal Constitution, the members of the Constitutional Convention
were careful to avoid the defects of the Articles of Confederation.
The most fundamental difference between the Confederation government
and the new Federal government was that the Federal Constitution
provided for an adequate executive and judiciary to enforce the
Federal laws directly upon the individual. The Confederation
government, it will be remembered, had been obliged to rely upon the
states for the enforcement of all laws.
B. FRAMEWORK OF THE FEDERAL GOVERNMENT
498. THE THEORY OF LIMITED GOVERNMENT.--The new Constitution created a
system of Federal government which retains the advantages of local
self-government for the states, but at the same time secures the
strength which results from union. The government of the United States
is a compromise between centralization and decentralization, the
balance between these two extremes being maintained by a rather
elaborate system of checks, balances, and limitations.
These checks, balances, and limitations we may consider under five
heads: first, private rights under the Federal Constitution; second,
the threefold division of powers in the Federal government; third, the
division of powers between Federal and state governments; fourth,
interstate relations; and fifth, the supremacy of Federal law.
499. PRIVATE RIGHTS UNDER THE FEDERAL CONSTITUTION. [Footnote: For the
prohibitions upon the states in favor of private rights, see Chapter
XLV.]--The constitutional limitations upon the Federal government in
behalf of private rights fall into two groups: those designed to
protect personal liberty, [Footnote: Some of the limitations in favor
of personal liberty enumerated in this section are contained in the
first ten amendments to the Constitution, adopted in a body in 1791.]
and those designed to protect property rights.
In many important particulars the Federal Constitution protects
personal liberty against arbitrary interference on the part of the
National government. Congress may pass no law establishing or
prohibiting any religion, or abridging either freedom of speech or
freedom of the press. The right of the people peaceably to assemble
and petition the government for a redress of grievances shall not be
denied. The privilege of the writ of _habeas corpus_ shall not be
suspended. Congress may not define treason. Neither bills of
attainder, nor _ex-post facto_ legislation may be passed by Congress.
Jury trial, fair bail, and freedom from both excessive fines and cruel
and unusual punishments are guaranteed by the Constitution. Neither
life, liberty nor property may be taken without due process of law.
The Federal Constitution likewise protects the property rights of the
individual against Federal aggression. The state governments alone may
define property. Congress may not tax articles which are exported from
any state. All direct taxes must be apportioned according to
population. [Footnote: The Sixteenth Amendment exempts the income tax
from this rule.] All duties, imposts, and excises must be uniform,
that is, they must fall upon the same article with the same weight
wherever found. Under the right of eminent domain, the Federal
government may take private property for public use, but in such a
case the owner must be fairly compensated.
500. THREEFOLD DIVISION OF POWERS IN THE FEDERAL GOVERNMENT.--A
second distinctive feature of our system of government is that Federal
authority is distributed among three distinct branches: the executive,
the legislative, and the judicial. This is part of the general system
of "checks and balances" by means of which the framers of the
Constitution sought to prevent any branch or division of government
from securing undue control of the governmental machinery.
The basic merit of this threefold division of powers is that it
safeguards each branch of government against aggression from the other
two branches. And yet this division of powers is by no means so
complete that the three branches do not work together. For example,
both the appointive and the treaty-making powers of the President are
shared by the Senate. The President shares in legislation through his
veto power, as well as through his right to send messages to Congress.
The Senate has the right to impeach all civil officers of the United
States, and may even exert some control over the Supreme Court through
its right to prescribe the number of its judges and the amount of
their salaries. The judiciary, on the other hand, enjoys the unique
power of passing upon the constitutionality of the acts of the other
two branches of government.
501. DIVISION OF POWERS BETWEEN FEDERAL AND STATE GOVERNMENTS.--
Another feature of the check and balance system is that authority is
divided between Federal and state governments. The Tenth Amendment
declares that "the powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to the
states." Thus we speak of the National government as enjoying
delegated or enumerated powers, while the state governments have
residual or unenumerated powers. The Federal government must show some
specific or implied grant of power for everything that it does, but
state governments need only show that the Federal Constitution does
not prohibit them from doing whatever they see fit.
This division of powers between Federal and state governments has
several distinct advantages. For example, it allows Federal and state
governments to act as a check upon one another. Furthermore, the
device admirably divides governmental labor: the Federal government is
given control of matters essentially national, while the states are
left in charge of affairs distinctly state or local in character.
502. INTERSTATE RELATIONS.--Further to guarantee the integrity of the
Federal system, the Constitution specifies the fundamental nature of
interstate relations. The states are independent of one another, and
are equal in Federal law. The laws of a state have no force, and their
public officials have no authority, beyond the state limits.
The Constitution specifically provides that "full faith and credit
shall be given in each state to the public acts, records, and judicial
proceedings of every other state." This does not mean that the laws of
a particular state are binding upon persons in other states. It does
mean, however, that the courts of each state shall endeavor to give
the same force to the laws of a neighboring state as those laws would
have in the courts of the legislating state.
To prevent discriminations against citizens of other states, the
Federal Constitution provides that the citizens of each state are
"entitled to all the privileges and immunities of citizens in the
several states." This means that a citizen of one state may remove to
a neighboring state, and there enjoy the same civil rights that the
citizens of the latter state enjoy.
In order that fugitive criminals may be tried and punished, the
Constitution further provides that "a person charged in any state with
treason, felony, or other crime, who shall flee from justice, and be
found in another state, shall, on the demand of the executive
authority of the state from which he fled, be delivered up to be
removed to the state having jurisdiction of the crime."
503. SUPREMACY OF FEDERAL LAW.--A last distinctive feature of our
system of government is that Federal law is supreme. The Constitution
states: "This Constitution and the laws of the United States which
shall be made in pursuance thereof, and all treaties made or which
shall be made under the authority of the United States shall be the
supreme law of the land." The states are supreme in their sphere of
action; nevertheless, when it is claimed that there is a conflict
between state and Federal law, the latter prevails. Federal law is the
supreme law of the land, and, in the last instance, it is the Supreme
Court of the United States which is the interpreter of that law. The
decisions of the Supreme Court are binding upon the Federal
government, upon the several states, and upon private individuals.
C. DEVELOPMENT OF THE FEDERAL CONSTITUTION
504. THE FORMAL AMENDING PROCESS.--The Constitution of the United
States may be formally amended in any one of four ways. First, an
amendment may be proposed by a two-thirds vote of each House of
Congress, and ratified by the legislatures of three fourths of the
states. Second, an amendment may be proposed by a two-thirds vote of
each House of Congress and ratified by conventions in three fourths of
the States. Third, an amendment may be proposed by a national
convention, called by Congress upon the request of the legislatures of
two thirds of the states, and ratified by the legislatures of three
fourths of the states. The fourth method resembles the third, except
that ratification is by conventions in three fourths of the states.
505. AMENDMENTS I-XIX.--There have been nineteen Amendments to the
Federal Constitution. [Footnote: For the full text of these Amendments
see the Appendix.]
Of these the first ten were adopted as a body in 1791, to satisfy
those who feared that the new Constitution did not adequately protect
individual or states' rights against Federal aggression. Amendments I-
VIII are designed to protect the fundamental rights of the individual.
The Ninth and Tenth express the principle that the Federal government
is one of enumerated powers, while those powers not specifically
conferred upon the Federal government by the Constitution are reserved
to the states or to the people.
The Eleventh Amendment, adopted in 1798, provided that the Federal
judicial power should not be construed to extend to any suit against a
state by citizens of another state, or by citizens or subjects of any
foreign state.
The Twelfth Amendment, adopted in 1804, provided that presidential
electors should cast separate ballots for President and Vice
President.
The Thirteenth Amendment (1865) abolished slavery, the Fourteenth
(1868) defined citizenship and sought to prevent the states from
discriminating against certain classes of citizens, while the
Fifteenth Amendment (1870) declared that the right of citizens of the
United States to vote shall not be denied or abridged on account of
race, color, or previous condition of servitude.
In 1913 the Sixteenth Amendment authorized Congress to tax incomes
without apportionment among the several states, and without regard to
any census or enumeration.
In the same year the Seventeenth Amendment provided for the direct
election of United States Senators.
In 1919 an Eighteenth Amendment prohibited the manufacture, sale, or
transportation of intoxicating liquors within, the importation thereof
into, or the exportation thereof from, the United States.
A Nineteenth Amendment was adopted in 1920. This declared that the
right to vote shall not be denied to any citizen of the United States
on account of sex.
506. CONSTITUTIONAL CHANGES THROUGH JUDICIAL INTERPRETATION.--The
Federal Constitution has also been modified and developed by judicial
interpretation. The United States Supreme Court has maintained that
the Federal government possesses not only those powers expressly
granted by the Constitution, but also those powers which are included
with, or implied from, powers expressly granted. This liberal
construction is authorized by the Constitution itself, for the last
clause in Section VIII of Article One of that document declares that
Congress shall have power to "make all laws which shall be necessary
and proper for carrying into execution" its enumerated powers. Under
this doctrine of implied powers, the influence of the National
government has been markedly extended, chiefly with regard to the war
power, the power to regulate interstate commerce, and the power to
levy taxes and borrow money.
507. CONSTITUTIONAL CHANGES THROUGH USAGE.--The Federal Constitution
has also been modified by the force of custom and political practices.
Examples of the power of usage to modify the Constitution are
numerous, but a few will suffice to illustrate the principle. Custom
has limited the President of the United States to two terms. In
conformity with a long-established custom, Presidential electors do
not exercise independent judgment, but merely register the vote of
their respective constituents. Though the Constitution provides that
the appointive power of the President shall be exercised with the
advice and consent of the Senate, custom virtually prohibits the
Senate from challenging the President's Cabinet appointments. On the
other hand, many executive appointments of minor importance are
determined solely by members of Congress. Usage decrees that the
President alone may remove officers which he has appointed with the
advice and consent of the Senate. Lastly, the legislative committee
system, as well as the entire machinery of the political party, is the
outcome of custom. Concerning these important instruments of practical
politics, the Constitution is silent.
QUESTIONS ON THE TEXT
1. Point out some similarities among the American colonial
governments.
2. Describe some of the earlier attempts at union.
3. What was the nature of the Confederation government?
4. For what specific purpose was the Constitutional Convention
convened?
5. What was the Virginia plan? The New Jersey plan?
6. What was the fundamental difference between the Confederation
government and the new Federal government?
7. What is the theory of limited government?
8. What two classes of private rights are safeguarded by the Federal
Constitution?
9. What is the nature and purpose of the threefold division of powers?
10. To what extent does the Constitution divide powers between Federal
and state governments?
11. Outline the nature of interstate relations, as provided for in the
Federal Constitution.
12. What is meant by saying that Federal law is supreme?
13. By what four methods may the Federal Constitution be amended?
14. Enumerate and briefly characterize the nineteen amendments to the
Federal Constitution.
15. To what extent has the Federal Constitution been modified by
judicial interpretation?
16. How may the Constitution be modified by usage? Give some examples.
REQUIRED READINGS
1. Beard, _American Government and Politics_, chapter iii.
2. Guitteau, _Government and Politics in the United States_, chapter
xviii.
3. Munro, _The Government of the United States_, chapter v.
4. Review chapters ii, iii and iv of the text.
QUESTIONS ON THE REQUIRED READINGS
1. What were the chief powers of the New England Confederation?
(Guitteau, page 208.)
2. What was the nature of the Stamp Act Congress? (Guitteau, pages
208-209.)
3. What was the most fatal weakness of the Confederation government?
(Guitteau, page 212.)
4. Outline the movement for constitutional revision. (Beard, pages 42-
44.)
5. Discuss the membership of the Constitutional Convention. (Beard,
pages 44-45.)
6. Outline the defects of the Articles of Confederation which were
avoided in framing the Federal Constitution. (Beard, pages 53-56.)
7. What were some of the objections to the ratification of the Federal
Constitution? (Beard, pages 56-58.)
8. Compare the English and American Constitutions with respect to
flexibility. (Munro, pages 57-58.)
9. What effect has constitutional development had upon the division of
powers? (Munro, pages 69-70.)
10. Has the development of the Federal Constitution made government
more or less democratic? (Munro, page 70.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. The protection of your personal liberty under the Federal
Constitution.
2. The protection of your property rights under the Federal
Constitution.
3. Compare the first eight amendments to the Federal Constitution with
the bill of rights in your state constitution.
4. Compare the Federal Constitution with the constitution of your
state with respect to length, number of subjects treated, and
complexity of language.
5. The process of extradition between your state and neighboring
commonwealths.
II
6. Evolution of the state. (Gettell, _Problems in Political
Evolution_, chapter i.)
7. Nature of Federal government. (Gettell, _Readings in Political
Science_, pages 268-270.)
8. Advantages and disadvantages of Federal government. (Gettell,
_Readings in Political Science_, pages 276-280.)
9. Colonial origins of the Federal Constitution. (Beard, _American
Government and Politics_, chapter i; Munro, _The Government of the
United States_, chapter i; Reed, _Form and Functions of American
Government_, chapter i.)
10. Preliminaries of national government. (Beard, _American Government
and Politics_, chapter ii; Munro, _The Government of the United
States_, chapter ii.)
11. The meaning of "We, the People of the United States," in the
Preamble to the Constitution. (Taft, _Popular Government_, chapter i.)
12. Sovereignty. (Gettell, _Introduction to Political Science_,
chapter viii; Leacock, _Elements of Political Science_, chapter iv.)
13. Relation of state and Federal governments. (Guitteau, _Government
and Politics in the United States_, chapter xxi.)
14. The supremacy of Federal law. (Munro, _The Government of the
United States_, chapter iv.)
15. The check and balance system. (Gettell, _Readings in Political
Science_, pages 332-336; Forman, _The American Republic_, chapter iv.)
16. The separation of powers. (Beard, _American Government and
Politics_, pages 152-155; Gettell, _Introduction to Political
Science_, chapter xvii; Leacock, _Elements of Political Science_, part
ii, chapter i.)
17. Interstate relations. (Leacock, _Elements of Political Science_,
chapter vi.)
18. Personal liberty and government. (Cleveland, _Organized
Democracy_, chapter vii; Gettell, _Introduction to Political Science_,
chapter ix.)
19. The doctrine of implied powers. (Guitteau, _Government and
Politics in the United States_, chapter xx.)
20. Evolution of the Federal Constitution. (Kimball, _The National
Government of the United States_, chapter ii.)
FOR CLASSROOM DISCUSSION
21. Is the Federal Constitution too difficult of amendment? Is it too
easily amended?
22. Does the Constitution adequately protect state governments against
Federal aggression?
23. Has judicial interpretation of the Constitution proved helpful or
harmful?
24. Has constitutional modification through usage proved helpful or
harmful?
CHAPTER XL
THE PRESIDENT OF THE UNITED STATES
A. CHOOSING THE PRESIDENT
508. ORIGINAL METHOD OF CHOOSING THE PRESIDENT.--The Federal
Constitution sought to protect the office of chief magistrate against
popular passion by providing for the indirect election of the
President. According to the Constitution, each state was to appoint,
"in such manner as the legislature thereof may direct," a number of
electors equal to the state's combined quota of senators and
representatives in Congress. These electors were to meet, each group
in its own state, and were to vote by ballot for two persons. These
ballots were then to be transmitted sealed to Congress, where the
President of the Senate was to open and count them in the presence of
both houses. The person receiving the highest number of votes was to
be declared President, while the individual obtaining the next highest
number was to fill the office of Vice President.
509. CHANGES IN THE ORIGINAL METHOD OF CHOOSING THE PRESIDENT.--Three
important changes have been brought about in the original method of
choosing the President.
At the beginning of our national history, the state legislatures
themselves chose the Presidential electors, but with the spread of
democracy the legislatures gradually transferred the choice of these
electors to the people. To-day Presidential electors are in every
state chosen by popular vote, on a general state-wide ticket.
After the election of 1800 it became apparent that in order to prevent
the candidate for Vice President from defeating the candidate for
President, there would have to be a separate ballot for each of these
officers. In 1804 there was accordingly passed the Twelfth Amendment
to the Constitution, providing that Presidential electors should
thenceforth cast separate ballots for President and Vice President.
Party politics have effected a third change in the original method of
choosing the President. The Constitution evidently intended that the
Presidential electors should be men of high repute, and that they
should select the nation's chief executive as the result of mature
deliberation and independent judgment. But as early as the third
Presidential election (1796) it became clearly understood that the
electors would merely register the opinions of their constituents.
Technically the electors still choose the President; as a matter of
fact they exercise no discretion, but merely express decisions
previously reached by their respective constituents.
510. PRESENT METHOD OF CHOOSING THE PRESIDENT.--To-day the President
of the United States is elected as follows:
Each political party nominates a candidate for the presidency at a
national convention held in June or July of the presidential year. At
about the same time the various parties in each state nominate the
quota of presidential electors to which the state is entitled. The
people vote on these electors on the Tuesday following the first
Monday in November of each leap year. In each state the electors
receiving a plurality assemble at the state capitol on the second
Monday in January following their election, and vote directly for
President and Vice President. These votes are then certified and sent
to the President of the Senate. On the second Wednesday in February,
this officer opens them, and in the presence of the two houses of
Congress, counts them, and declares elected the candidate who has
received the majority of the electoral votes. If no candidate has a
majority, the House of Representatives elects one of the three leading
candidates, the Representatives from each state casting one vote. In
1800 and again in 1824, the presidential election was thus decided by
the House.
511. QUALIFICATIONS.--All persons who are entitled to vote for the
most numerous branch of the state legislature are entitled, likewise,
to vote in presidential elections. [Footnote: For limitations upon the
suffrage in the various states, see Chapter XXXIII, Section 415.]
No presidential elector may hold any office of trust or profit under
the United States. By custom electors are also residents of the
district from which they are chosen.
The President of the United States must be a natural-born citizen of
the United States and must be at least thirty-five years of age. He
must also have been a resident of the United States for fourteen
years.
512. COMPENSATION.--The President's salary is determined by Congress,
but the amount may be neither increased nor decreased for the existing
presidential term. Between 1789 and 1873 the presidential salary was
$25,000, and in 1873 it was increased to $50,000 a year. Since 1909
the President has received an annual salary of $75,000, plus an
allowance for travelling expenses and the upkeep of the White House or
Executive Mansion.
513. TERM AND SUCCESSION.--The President-elect is inaugurated on the
4th of March following his election, and serves until the 4th of March
four years later. By custom, though not by law, he is limited to two
terms.
The Constitution provides that in case the President is removed by
impeachment, death, resignation, or inability, his duties shall
devolve upon the Vice President. In 1886 the Presidential Succession
Act provided that in case of the inability of both President and Vice
President the Cabinet officers shall succeed in the following order:
Secretary of State, Secretary of the Treasury, Secretary of War,
Attorney-General, Postmaster-General, Secretary of the Navy, and
Secretary of the Interior. No Cabinet officer has ever succeeded to
the Presidency, but Presidents Tyler, Fillmore, Johnson, Arthur, and
Roosevelt were formerly Vice Presidents who ascended to the Presidency
because of the death of the chief executive.
514. THE VICE PRESIDENT.--The Vice President of the United States is
elected in the same manner and by the same electors as the President,
with this exception: The failure of any Vice-Presidential candidate to
receive a majority of the electoral votes permits the Vice President
to be chosen by the Senate from the two candidates receiving the
highest number of electoral votes. The qualifications for the Vice
President are the same as for the President. The Vice Presidents
salary is $12,000 a year.
Aside from the fact that he may succeed the President there is little
to be said about the Vice President. He presides over the Senate, but
he is not a member of that body. He can neither appoint committees,
nor even vote, except in case of a tie. Vice Presidents have generally
exerted little influence upon national affairs. During President
Wilson's second term, neither the President's extended absence in
Europe, nor his serious illness at home, operated to increase the
influence of the Vice President. Under President Harding's
administration, however, Vice President Coolidge was accorded
considerable recognition, including the privilege of sitting in the
President's Cabinet meetings.
B. DUTIES AND POWERS OP THE PRESIDENT
515. GENERAL STATUS OF THE PRESIDENT--The President of the United
States acts as the head of the executive branch of government. Since
the executive is independent of the other two branches, the President
is subject to the control of neither legislature nor judiciary. The
President cannot be arrested for any cause whatsoever. No ordinary
court has jurisdiction over the Chief Magistrate, though misconduct
may result in his being impeached by the Senate of the United States.
The President enjoys extensive powers, some of which are enumerated in
the Constitution, [Footnote: Article II] and others of which he has
acquired by the force of custom. These powers are divisible into four
groups, which may be discussed in the following order: War powers,
powers with reference to foreign affairs, administrative powers, and
legislative powers.
516. WAR POWERS OF THE PRESIDENT.--Section II of Article II of the
Constitution provides that the President shall be "commander-in-chief
of the army and navy of the United States, and of the militia of the
several states when called into actual service of the United States."
In pursuance of this power the President controls and directs the
nation's military and naval forces, and appoints all army and naval
officers. [Footnote: In time of war, the President may dismiss these
officers at will; in time of peace, however, they are removed by
court-martial.] The execution of the military law under which the army
and navy are governed is also directed by the President. The President
may call out the state militia, when in his judgment such action is
necessary in order to suppress insurrection, repel invasion, or
enforce the laws. In case of war with foreign countries, the President
as commander-in-chief assumes full direction of hostilities.
So long as he acts within the bounds of international law, the
President may do anything which he deems necessary to weaken the power
of the enemy. In the exercise of this right President Lincoln
blockaded the southern ports during the Civil War, suspended the writ
of _habeas corpus_, declared martial law in many districts, and freed
the slaves by proclamation. During the World War (1917-1921), the
powers of President Wilson were greatly expanded. For the purpose of
bringing the struggle with Germany to a successful termination,
Congress conferred upon the President large powers of control over
food, fuel, shipbuilding, and the export trade. The railway,
telegraph, and wireless systems were taken over by the government
under the President's war powers.
An important phase of the President's war powers is the constitutional
charge to take care that the laws be faithfully executed. Usually the
administration of law is a peaceful process, but when the civil
authorities are rendered powerless by persons defying Federal law, the
President may use his military power to restore order. On three
notable occasions the President has enforced the laws by the use or
display of military force. In 1794 President Washington called out the
militia of four states to suppress the Whiskey Rebellion. During the
Civil War, President Lincoln resorted to military force to execute the
laws. Again, in 1894, President Cleveland used regular troops to
prevent railway strikers in Chicago from interfering with the Federal
mails.
517. CONTROL OVER FOREIGN AFFAIRS.--The Constitution vests in the
President the power to negotiate treaties and conventions with foreign
nations. In practice the President usually acts through the Secretary
of State. During the process of negotiation it is customary for the
President to consult with the Senate committee on foreign relations,
as well as with the leaders of the senatorial majority. Such
consultation is a wise step, because no treaty may become law unless
ratified by the Senate.
The President receives diplomatic representatives from foreign
countries. This is largely a ceremonial duty, but it may involve
serious consequences. When the independence of a foreign country is in
doubt, or when the representative of any nation is personally
objectionable to our government, the President may refuse to receive
the foreign representative. In case relations between this and a
foreign country become strained, or in case the representative of a
foreign power is guilty of misconduct, the President may request the
withdrawal of, or may even dismiss, the foreign representative. This
severance of diplomatic relations may lead to war.
The President has the further power to appoint diplomatic
representatives to foreign countries. We send ambassadors to the more
important countries, ministers-resident to most countries, envoys
extraordinary or ministers-plenipotentiary to several countries, and
commissioners for special purposes. In the absence of the permanent
diplomatic representative some minor officer takes temporary charge,
and is known as the _chargÚ d'affaires ad interim_. All of the
President's diplomatic appointments must be confirmed by the Senate,
but the President acting alone may remove any diplomatic officer. Such
removal is at the pleasure of the President. The term of office
enjoyed by diplomatic representatives is not fixed by law, but due to
the influence of the spoils system, it often terminates when a new
President assumes office.
Besides diplomatic officers, who are charged with political duties,
our foreign service comprises various grades of consuls, or commercial
representatives. The President and the Senate likewise choose consular
officers, but from lists of persons who have qualified under the merit
system. Promotion and removal are determined by Civil Service rules.
518. ADMINISTRATIVE POWERS OF THE PRESIDENT.--The chief
administrative function of the President is to carry into effect the
laws of the United States. In the discharge of this duty the President
is aided by a large number of subordinate officials, who, directly or
indirectly, are responsible to him as head of the administration.
Altogether there are more than half a million officials in the
executive civil service of the United States.
Over the appointment of these numerous officers the President has a
varying measure of control.
He alone appoints a few executive officials, such as his private
secretary and the members of his Cabinet. The latter are nominally
chosen by the President and the Senate, but in practice the Senate
universally approves Cabinet appointments sent in by the President.
Officers in this first group may be removed only by the President.
The President and the Senate together select about 12,000 of the more
important executive officers. These include diplomatic agents, Federal
judges, most military and naval officers, collectors of customs and
internal revenues, and many others. In the case of minor positions to
be filled within a congressional district, the President usually
confers with the Representative from that district, if that
Representative is of the President's party. If such Representative is
not of the President's party, the candidate for the position is really
selected by the Senators from the proper state. [Footnote: Provided,
of course, that these Senators belong to the same political party as
the President. ] The more important positions in this group are filled
by the Senators from the state in which the vacancy exists, the
President ratifying such selections as a matter of course. Officers in
this second group are removable only by the President.
More than 300,000 of the minor executive positions are now filled by
the Civil Service Commission. Persons entering office through the
merit system, may be removed only for a cause which will promote the
efficiency of the service.
In addition to his administrative duties, the President has the power
to grant reprieves and pardons for offenses against the United States,
except in the case of impeachment. A pardon fully exempts the
individual from the punishment imposed upon him by law; a reprieve, on
the other hand, is simply a temporary suspension of the execution of a
sentence.
519. LEGISLATIVE POWERS OF THE PRESIDENT.--Though primarily an
executive officer, the President enjoys important powers over
legislation.
The President may convene either or both houses of Congress on
extraordinary occasions. For example, he may call an extra session of
Congress to consider such questions as the tariff, currency reform, or
a treaty.
The President has the right to send messages to Congress from time to
time during his term. The recommendations contained in these messages
exert some direct influence upon legislation, and are important in
formulating public opinion outside of Congress.
Indirectly the President exerts a considerable influence upon
legislation by bringing political pressure to bear upon the
Congressional leaders of his party. He also exerts some influence upon
legislation by the use of the patronage which accompanies his
appointing power. This influence is important as breaking down the
barriers between the executive and legislative branches of government.
The President may issue ordinances which have the force of law. As
commander-in-chief of the army and navy, he may issue ordinances for
their regulation. In pursuance of the duty to enforce the laws, the
President may issue ordinances prescribing uniform means for the
enforcement of the statutes. He may issue ordinances for specific
purposes, as, for example, Congress in 1912 authorized the President
to issue legislative ordinances for the government of the Canal Zone.
Very important is the President's veto power. The President may veto
any bill or joint resolution passed by Congress, with the exception of
joint resolutions proposing Constitutional amendments. But the
President must veto the bill as a whole, and not particular items.
Even though vetoed by the President, a bill may still become law by
being passed by a two-thirds vote in each house of Congress. In spite
of these restrictions, the President exerts a considerable influence
upon legislation by the use of the veto, or by the threat that he will
employ it. Most authorities regard the veto power as a wholesome check
upon harmful and unwise legislation.
QUESTIONS ON THE TEXT
1. Describe the original method of choosing the President.
2. Outline the three important changes which have taken place in the
original method of choosing the President.
3. Describe the present method of choosing the President.
4. What are the qualifications for Presidential electors? For
President?
5. What is the compensation of the President?
6. What is the nature of the Presidential Succession Act?
7. Discuss the Vice Presidency.
8. Into what four groups may the powers of the President be divided?
9. Enumerate the chief war powers of the President.
10. What is the extent of the President's treaty-making power?
11. Outline the President's duties with respect to appointing and
receiving foreign representatives.
12. What is the chief administrative function of the President?
13. Discuss the President's power to grant pardons and reprieves.
14. Explain the ordinance-issuing power of the President.
15. What is the extent of the President's veto power?
REQUIRED READINGS
1. Beard, _American Government and Politics_, chapter x.
2. Guitteau, _Government and Politics in the United States_, chapter
xxv.
3. Munro, _The Government of the United States_, chapter viii.
4. Reed, _Form and Functions of American Government_, chapter xix.
QUESTIONS ON THE REQUIRED READINGS
1. Outline the work of the national convention. (Reed, pages 228-229.)
2. Describe the presidential campaign. (Reed, pages 233-234.)
3. Why was the presidential election of 1876 disputed? (Guitteau,
pages 288-289.)
4. Describe the inaugural ceremony. (Guitteau, page 292.)
5. What is the origin of the President's right to remove officers
appointed by him? (Beard, page 193.)
6. How did President Roosevelt once succeed in carrying out the terms
of an international agreement without the consent of the Senate?
(Beard, pages 197-198.)
7. Why was the veto power originally bestowed upon the President?
(Beard, page 202.)
8. What is the rule of senatorial courtesy? (Munro, page 107.)
9. What is the pocket veto? (Munro, page 118.)
10. What is the President's relation to the courts? (Munro, pages 124-
125.)
11. What is the method of impeaching a President? (Reed, pages 237-
238.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. The part played by your state in the last Presidential election.
2. Extent to which the President of the United States has made use of
the militia of your state.
3. Compare the powers of the President of the United States with the
powers of the Governor of your state.
4. Cabinet officers, past or present, who were natives of your state.
5. List some of the offices within the bounds of your state which are
filled, directly or indirectly, by the President of the United States.
II
6. The biography of some one President. (Consult an encyclopedia,
standard works on American history, and special biographies.)
7. The history of some one important Presidential election. (Consult a
standard history of the United States.)
8. The inauguration of a President. (Reinsch, _Readings on American
Federal Government_, pages 1-5.)
9. The war powers of the President. (Reinsch, _Readings on American
Federal Government_, pages 22-32.)
10. Federal intervention in the Chicago strike of 1894. (Reinsch,
_Readings on American Federal Government_, pages 32-46.)
11. The treaty-making power. (Reinsch, _Readings on American Federal
Government_, pages 79-127.)
12. The presidential power of appointment. (Taft, _Our Chief
Magistrate and His Powers_, chapter iii.)
13. The pardoning power of the President. (Taft, _Our Chief Magistrate
and His Powers_, chapter v.)
14. The presidential veto. (Taft, _Our Chief Magistrate and His
Powers_, chapter i.)
15. The President at work. (Reinsch, _Readings on American Federal
Government_, pages 5-10.)
16. The President as party leader. (Jones, _Readings on Parties and
Elections in the United States_, pages 205-211.)
17. Relations of the executive and legislative branches of the
National government. (Beard, _American Government and Politics_, pages
205-214.)
18. The impeachment of President Johnson. (Consult any general work on
American history, or an encyclopedia.)
19. "Why great men are not chosen Presidents." (Bryce, _The American
Commonwealth_, vol. i, chapter viii.)
FOR CLASSROOM DISCUSSION
20. Would a single presidential term of six years be preferable to the
present custom of electing a President for not more than two four-year
terms?
21. Should the President be chosen directly by the people, without
resort to the electoral college?
22. Does Congress exercise too little control over the choice of the
President's Cabinet?
23. Advantages and disadvantages of the veto power. (See Munro, _The
Government of the United States_, page 119.)
24. Should the President be permitted to veto separate items in a
bill?
CHAPTER XLI
THE NATIONAL ADMINISTRATION
520. DEVELOPMENT OF THE FEDERAL EXECUTIVE.--The President is the head
of the Federal executive, but in the performance of his numerous
administrative duties he is aided by a number of subordinate officers.
No executive departments were directly established by the
Constitution, but that document evidently assumes their existence, for
it clearly states that the President "may require the opinion, in
writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their
respective offices." [Footnote: Article II, Section II, of the
Constitution.]
President Washington was authorized by Congress to appoint three
assistants: a Secretary of State, a Secretary of the Treasury, and a
Secretary of War. With the development of governmental functions,
additional departments have been created. Congress established the
Post Office Department in 1794, the Navy Department in 1798, the
Department of the Interior in 1849, the Department of Justice in 1870,
the Department of Agriculture in 1889, the Department of Commerce in
1903, and the Department of Labor in 1913. At present, then, there are
ten Federal executive departments, all of them under the direct
control of the President.
521. THE CABINET.--The heads of these ten departments are appointed by
the President, nominally with the consent of the Senate. They may be
removed only by the President, and by him at will. Neither in the
Constitution nor in the statutes of Congress is there provision for a
Cabinet, but as the result of custom which has been formulating since
Washington's second term the heads of the Federal executive
departments have come to constitute, in their collective capacity, the
President's Cabinet. Cabinet meetings are generally held twice a week,
or oftener, as the President desires.
The American Cabinet should not be confused with the Cabinet in Great
Britain and other European countries. In Europe the Cabinet is
generally a parliamentary ministry, that is to say, a group of men
chosen from the majority party in the legislature. These Cabinet
members, or ministers, sit in the legislature, propose laws, and
defend their measures on the floor. They are held responsible for the
national administration. This means that when the majority of the
legislature fails to support them they are expected to resign, in
order that the opposition party may form a new Cabinet.
Quite different is the American Cabinet. This body is advisory only,
and the President may disregard the advice of any or all of its
members. The Cabinet in this country is accountable only to the
President. The attitude of Congress toward Cabinet officers has
nothing to do with the tenure of office of these executive heads.
Cabinet members do not sit in Congress; they do not, in the capacity
of Cabinet officers, introduce or defend legislation; and they are not
held responsible for the administration.
522. HEADS OF DEPARTMENTS AS ADMINISTRATIVE OFFICERS.--Collectively
the heads of the ten executive departments act as the President's
Cabinet; individually they administer their respective departments.
Though responsible to the President and at all times working under his
direction, the heads of departments are allowed a wide range of
independence. Department heads may appoint and remove at will a large
number of minor officers in their respective departments, though of
late years this power has been considerably restricted by Civil
Service rules. The exact scope of the work of the various departments
is largely denned by law. Within the limits thus set, the head of the
department is free to make regulations affecting the conduct of
departmental business. To expedite business, the work of each
department is divided and subdivided among numerous bureaus, boards,
and commissions, functioning under the general direction of the head
of the department.
523. THE DEPARTMENT OF STATE.--Without doubt the most important of the
subordinate executive officers is the Secretary of State. His most
pressing duty is to conduct foreign affairs in accordance with the
wishes of the President. In pursuance of this duty, the Secretary of
State issues instructions to diplomatic and consular officers, issues
passports to American citizens going abroad, and otherwise exercises
control of matters touching foreign relations.
Important domestic duties devolve upon the Secretary of State. When
the President desires to communicate with the Governors of the several
states, he acts through the Secretary of State. The Secretary is the
custodian of the Great Seal of the United States. It is he who
oversees the publication of the Federal statutes. The Secretary of
State likewise has charge of the archives containing the originals of
all laws, treaties, and foreign correspondence.
Much of the work of the Department of State is performed through
bureaus, the titles of which indicate their respective functions. Of
these bureaus the following are the more important: the diplomatic
bureau, the consular bureau, the bureau of accounts, the bureau of
indexes and archives, the bureau of rolls and library, the bureau of
appointments, and the bureau of citizenship. Each of these bureaus is
headed by a chief who is directly responsible to the Secretary of
State. In addition to these chiefs of bureaus, the Secretary is aided
by three assistant secretaries of state.
524. DEPARTMENT OF THE TREASURY.--Supervision of the national finances
is the chief business of the Secretary of the Treasury. The Secretary
annually submits to Congress estimates of probable receipts and
expenditures, and supervises the collection of customs and internal
revenues. He also issues warrants for all moneys paid out of the
treasury.
The scope of the department's work may be indicated by an enumeration
of its chief officers. These include the Secretary himself, three
assistant secretaries, six auditors, the treasurer, the comptroller
of the treasury, the director of the mint, the register, the
comptroller of the currency, the commissioner of internal revenue, the
director of the bureau of engraving and printing, the chief of the
secret-service department, the captain commandant of the coast guard,
the superintendent of the life-saving service, the surgeon-general of
the public health service, the supervising architect, and the farm
loan commissioner.
525. THE DEPARTMENT OF WAR.--National defense is the chief concern of
the Secretary of War. Coast fortifications, the supervision of
navigation, and river and harbor improvements fall within the scope of
the department. Our insular possessions are administered by the
Secretary of War. It is also the duty of this officer to prepare
estimates of the expenses of his department, to supervise all
expenditures for the support and transportation of the army, and to
take charge of the issuance of orders for the movement of troops. In
addition, he has charge of the Military Academy at West Point, and
recommends all appointments and promotions in the army service.
Under the Secretary of War are grouped a number of administrative
bureaus, each headed by an army officer detailed for a period of four
years. Of these officers the following are the more important: the
inspector-general, the quartermaster-general, the adjutant general,
the surgeon-general, the chief of engineers, the chief of ordnance,
the chief signal officer, the chief of the coast artillery, the judge
advocate general, the provost-marshal general, and the chief of the
bureau of insular affairs.
526. THE DEPARTMENT OF THE NAVY.--The Department of the Navy is
likewise concerned with national defense. While less important than
the Department of War, the Department of the Navy is steadily gaining
in prestige. The Department is in charge of a Secretary, aided by an
assistant secretary. It is the duty of the Department of the Navy to
superintend the construction and armament of war vessels, and in
addition exercise a supervisory control over the naval service. The
Naval Academy at Annapolis and the Naval War College at Newport are in
charge of the Department of the Navy.
The administrative work of the Department is carried on by seven
bureaus, most of them in charge of line officers of the Navy, working
directly under the Secretary. These bureaus are as follows: the bureau
of navigation, the bureau of ordnance, the bureau of yards and docks,
the bureau of supplies and accounts, the bureau of steam engineering,
the bureau of medicine and surgery, and the bureau of construction and
repairs.
527. THE DEPARTMENT OF JUSTICE.--This Department is headed by the
Attorney-General, who acts as the chief legal adviser of the National
government. It is his duty to represent the government in all cases to
which the United States is a party. It is he who conducts proceedings
against corporations or individuals who violate the Federal laws.
General supervision over all Federal district attorneys and marshals
is exercised by the Attorney-General. This officer likewise examines
the titles of lands which the government intends to purchase. The
Attorney-General has a supervisory charge of the penal and reformatory
institutions which are Federal in character. Applications for pardons
by the President are investigated by the Attorney-General. Still
another of his duties is to superintend the codification of the
Federal criminal laws.
In these various duties the Attorney-General is assisted by an under-
officer known as the solicitor-general.
528. THE POST OFFICE DEPARTMENT.--This Department, headed by the
Postmaster-General, has general charge of the postal service. The
Postmaster-General awards contracts for the transportation of the
mails, and directs the management of the domestic and foreign mail
service. The handling of money orders, the parcels post system, and
the postal savings banks come under the control of the Postmaster-
General. Of great importance is the power of this officer to bar from
the mails publications which are fraudulent or otherwise obnoxious.
Working under the Postmaster-General are four assistant postmasters-
general, each in general charge of a group of services within the
department.
529. DEPARTMENT OF THE INTERIOR.--Aided by two assistant secretaries,
the Secretary of the Interior performs a number of important
functions. He has charge of all public lands, including national
parks. The handling of Indian affairs constitutes one of his duties.
The territories of Alaska and Hawaii come under the direct supervision
of this department.
Many miscellaneous functions are performed by the various bureaus
within the department. Patents, pensions, and the geological survey
come within the purview of the department. The Secretary of the
Interior has charge of the distribution of government appropriations
to various educational institutions. A general supervision over a
number of charitable institutions within the District of Columbia is
also exercised by this officer.
530. DEPARTMENT OF AGRICULTURE.--All matters pertaining to agriculture
in the widest sense are the concern of the Department of Agriculture.
Under the direction of the Secretary the Department issues a large
number of scientific and technical publications, including the
Agricultural Yearbook, the series of Farmers' Bulletins, the Monthly
Weather Review, and the Crop Reporter. Quarantine stations for
imported cattle, and the inspection of domestic meats and imported
food products are concerns of the various bureaus within the
Department. Of great importance is the work of the weather bureau in
sending out storm, flood, frost, and drought warnings.
An increasingly important phase of the Department's work is the Forest
Service, the work of which has been described in Chapter XXX. An
important bureau is the bureau of animal industry, which combats
animal diseases and gives advice concerning the best breeds of poultry
and cattle. The bureau of plant industry ransacks the world for new
crops suitable for our soils, and gives fruit-growers and farmers
advice concerning plant parasites. Insect pests are the concern of the
entomology division. Additional functions of the Department of
Agriculture may be indicated by an enumeration of some of the more
important of its remaining bureaus and divisions. These include the
bureau of chemistry, the bureau of soils, the bureau of statistics,
the bureau of crop estimates, the office of public roads and rural
engineering, the Federal horticultural board, and the bureau of
markets.
531. THE DEPARTMENT OF COMMERCE.--In 1913 what for ten years had been
known as the Department of Commerce and Labor was divided into two
separate departments, a Department of Commerce and a Department of
Labor.
The chief duty of the Department of Commerce is to foster the foreign
and domestic commerce of the United States. To promote our mining,
manufacturing and fishing industries, and to develop our
transportation facilities are, therefore, among the aims of this
department. The census, the coast survey and lighthouses, and
steamboat inspection are concerns of the Department of Commerce. The
scope of the Department, which is increasing rapidly, may be indicated
by an enumeration of the more important bureaus grouped within it.
These include the bureau of foreign and domestic commerce, the bureau
of census, the bureau of lighthouses, the bureau of coast and geodetic
survey, the steamboat inspection service, the bureau of navigation,
the bureau of standards, and the bureau of fisheries.
532. THE DEPARTMENT OF LABOR.--Though at present the functions of the
Department of Labor are fewer than those of the other Departments,
they are being rapidly expanded by the extension of government
interest in industry. The Department is concerned with practically all
matters which affect labor conditions in the United States.
The Department of Labor collects and publishes information upon all
subjects connected with labor and capital, the hours and wages of
labor, and methods of improving the condition of the working classes.
It seeks to encourage industrial good will, and to adjust labor
disputes peaceably. An important bureau within the Department is the
bureau of immigration, which, under the direction of the commissioner-
general of immigration, is concerned with the administration of our
immigration laws. The bureau of naturalization keeps a record of
immigrants, and supervises their naturalization. Of growing importance
is the children's bureau, which investigates matters having to do with
child labor, infant mortality, orphanage, and the work of the juvenile
courts.
533. MISCELLANEOUS BOARDS AND COMMISSIONS.--In addition to the
executive departments which have been briefly discussed, the Federal
administration includes many independent boards, bureaus, and
commissions which perform duties not assigned to any of the ten
departments. These agencies have been established from time to time
under the authority of Congressional statutes. The chiefs of the
bureaus and the members of the boards and commissions are appointed by
the President and the Senate, most of them for a term ranging between
six and twelve years. These officials are largely experts, who happily
are sufficiently exempt from the spoils system to stand a fair chance
of surviving a change of administration.
Among the more important of these boards and commissions are the
following: The Federal Reserve Board, the Federal Farm Loan Board, the
Federal Board for Vocational Education, the Federal Trade Commission,
the Interstate Commerce Commission, the United States Tariff
Commission, and the Civil Service Commission. The nature and functions
of most of these administrative agencies have been discussed elsewhere
in the text, and need not be gone into here.
QUESTIONS ON THE TEXT
1. Trace briefly the development of the Federal executive departments.
2. What is the nature of the President's Cabinet?
3. Contrast the American with the European cabinet.
4. What function do the heads of departments perform individually?
5. What are the chief functions of the Secretary of State?
6. Enumerate the more important officers working under the direction
of the Secretary of the Treasury.
7. Describe the work of the Department of War.
8. What are the chief functions of the Secretary of the Navy?
9. What are the chief duties of the Attorney-General?
10. Describe the work of the Post Office Department.
11. What types of work are the concern of the Department of the
Interior?
12. Discuss briefly the work of the Department of Agriculture.
13. What is the function of the Department of Commerce? Of the
Department of Labor?
14. Name some of the more important boards and commissions which are
independent of the ten executive departments.
REQUIRED READINGS
1. Beard, _American Government and Politics_, chapter ii.
2. Guitteau, _Government and Politics in the United States_, chapter
xxvii.
3. Munro, _The Government of the United States_, chapter ix.
4. Reed, _Form and Functions of American Government_, chapter xxiv.
QUESTIONS ON THE REQUIRED READINGS
1. Outline the duties which are common to the heads of all of the
executive departments. (Beard, pages 216-218.)
2. Contrast the National administration with the state administration.
(Reed, pages 286-287.)
3. What is the purpose of the Library of Congress? (Reed, pages 298-
299.)
4. Describe the work of the General Land Office under the Department
of the Interior. (Guitteau, pages 318-319.)
5. What is the function of the Commissioner of Patents? (Guitteau,
page 319.)
6. What are the duties of the Commissioner of Education, under the
Secretary of the Interior? (Guitteau, page 320.)
7. Name some of the more important boards and commissions created
during the World War. (Guitteau, pages 325-326.)
8. Compare our Department of the Interior with the Department of the
Interior in France. (Munro, pages 136-137.)
9. What is meant by the statement that the National administration is
decentralized? (Munro, page 142.)
10. Describe briefly the work of the Civil Service Commission. (Beard,
pages 222-224.)
TOPICS FOR INVESTIGATION AND REPORT
1. Membership of the President's Cabinet at the present time.
2. The biography of some one member of the President's Cabinet.
3. The work of some bureau or department in the National
administration. (Reports on the work of the various departments may be
secured by writing to the respective departments at Washington, D.
C. See also Fairlie, _The National Administration of the United States
of America_.)
4. Compare the National administration with the administrative
department in your state, with respect to
(a) Scope of work
(b) Centralization
(c) Efficiency
(d) Control by the people.
II
5. Evolution of the executive. (Gettell, _Introduction to Political
Science_, chapter xix.)
6. Functions of the Federal executive. (Kimball, _The National
Government of the United States_, chapter x.)
7. A history of the President's Cabinet. (Consult an encyclopedia.)
8. Membership of the Cabinet. (Fairlie, _The National Administration
of the United States_, chapter iv.)
9. An Englishman's view of the American Cabinet. (Bryce, _The American
Commonwealth_, vol. i, chapter ix.)
10. The Department of State. (Fairlie, _The National Administration of
the United States_, chapter vi.)
11. The Department of the Treasury. (Fairlie, _The National
Administration of the United States_, chapters vii and viii.)
12. The Department of War. (Fairlie, _The National Administration of
the United States_, chapter ix.)
13. The Department of the Navy. (Fairlie, _The National Administration
of the United States_, chapter x.)
14. The Department of Justice. (Fairlie, _The National Administration
of the United States_, chapter xi.)
15. The Post Office Department. (Fairlie, _The National Administration
of the United States_, chapter xii.)
16. The Department of the Interior. (Fairlie, _The National
Administration of the United States_, chapters xiii and xiv.)
17. The Department of Agriculture. (Fairlie, _The National
Administration of the United States_, chapter xv.)
18. The Department of Commerce. (Fairlie, _The National Administration
of the United States_, chapter xvi.)
19. The Department of Labor. (Fairlie, _The National Administration of
the United States_, chapter xvi.)
FOR CLASSROOM DISCUSSION
20. The American Cabinet compared with the English Cabinet, (See
Munro, _The Government of the United States_, pages 143-145.)
21. Should the President be obliged to act in accordance with the
wishes of a majority of his Cabinet?
22. To what extent should promotion in the civil service be on the
basis of length of service? To what extent should promotion be
determined by periodic examinations?
23. Do you favor the creation of a new executive department, to be
called the Department of Public Welfare?
CHAPTER XLII
NATURE AND POWERS OF CONGRESS
534. CONGRESS CONSISTS OF TWO HOUSES.--The National legislature, or
Congress, consists of a Senate or upper chamber, and a House of
Representatives or lower chamber.
Several factors are responsible for this division of Congress into two
houses. Undoubtedly the framers of the Constitution were influenced by
the fact that the British Parliament and nearly all of the colonial
legislatures consisted of two houses. A second factor is that in the
opinion of the Fathers, a two-chambered legislature would allow each
house to act as a check upon the other. Finally, the creation of a
two-chambered legislature was necessary in order to reconcile the
conflicting desires of the large and the small states. During the
Constitutional Convention two opposing factions were brought together
by the creation of a two-chambered legislature, in the upper house of
which the states were to be represented equally, and in the lower
house of which representation was to be on the basis of population.
A. THE SENATE
535. TERM AND QUALIFICATIONS OF SENATORS.--Two Senators are chosen
from each state, regardless of population. The senatorial term is six
years. In order to make the Senate a permanent body, membership is so
arranged that one third of the Senators retire every two years. The
Federal Constitution provides that Senators must be at least thirty
years of age. In addition, a Senator must have been nine years a
citizen of the United States, and he must be an inhabitant of the
state from which he is chosen. The Senate alone is judge of the
qualifications of its members.
With respect to the Senate, two disqualifications are imposed by the
Federal Constitution. No one holding a Federal office may stand for
election as Senator. Nor may any person become a Senator who has taken
part in a rebellion against the United States after having taken an
oath as a government officer to support the Constitution.
536. THE ELECTION OF SENATORS.--Previous to 1913 Senators were chosen
by the various state legislatures, according to the provisions of the
Federal Constitution. [Footnote: Article I, Section III.] This method
proved unsatisfactory. Demoralizing political battles often took place
in the state legislatures in the effort to select the states' Senators
to Congress. Sometimes, even after a long struggle, no candidate was
able to secure a majority, and a deadlock occurred. Thus, on the one
hand, a state might be deprived of representation in the Senate for
weeks or months, while, on the other hand, the attention of the
legislature was so distracted by the senatorial struggle that purely
state interests suffered. As the result of a long agitation growing
out of these evils, the Federal Constitution was amended (1913) to
permit the direct election of Senators.
Since 1913, then, any person may vote directly for Senator who, under
the laws of his state, is qualified to vote for members of the more
numerous branch of the state legislature. When, for any reason, a
vacancy occurs in the representation of any state in the Senate, the
Governor of the state issues a writ of election to fill such vacancy.
Provided the state legislature grants the authority, the Governor also
may appoint some person to serve as Senator until the vacancy is
filled by popular election. Senators are generally reflected, and at
the present time the average term of service is not six, but about
twelve years.
537. PRIVILEGES AND IMMUNITIES OF SENATORS.--By the terms of the
Constitution, Senators are paid out of the national treasury an amount
to be determined by statute. At present both Senators and members of
the House of Representatives receive $7500 a year, plus an allowance
for travelling expenses, clerk hire, and stationery. Except in case of
treason or breach of the peace, Senators and Representatives are
immune to arrest during attendance at the sessions of their respective
houses, and in going to and returning from the same. Both Senators and
Representatives likewise enjoy freedom of speech and debate in their
respective houses. In either chamber only the house itself may call
members to account for their statements during the legislative
session. No member of Congress may be prosecuted in the courts for
libel or slander on account of statements made in Congress, or for the
official publication of what he has said during the legislative
session.
B. THE HOUSE or REPRESENTATIVES
538. MEMBERSHIP OF THE HOUSE.--Since the Senate is composed of two
Senators from each state, its membership has been relatively stable.
For a number of years there have been 96 Senators, two for each of the
forty-eight states of the Union.
The membership of the House of Representatives, on the other hand, is
steadily increasing, because based upon population. The number of
Representatives to which any state is entitled depends upon its
population as ascertained every ten years by a Federal census. After
each census Congress determines the number of Representatives of which
the House shall consist. The population of the United States is then
divided by this number, and the quotient is taken as the ratio of
representation. The population of each state is then divided by this
ratio to discover the number of Representatives to which it is
entitled. As a single exception to this rule, the Constitution
provides that each state shall have at least one Representative
regardless of population. Thus Nevada, Arizona, Wyoming, and Delaware
are entitled to one Representative, whereas according to the above
rule they would now be denied representation.
The present membership of the House of Representatives is 435.
539. WHO MAY VOTE FOR REPRESENTATIVES.--The Federal Constitution
provides that members of the House of Representatives shall be chosen
by persons who, in their respective states, are qualified to vote for
members of the more numerous branch of the state legislature. Most
male and female citizens over twenty-one years of age may vote for
members of this more numerous branch, and hence for Representatives to
Congress. In a number of states, however, educational, property and
other qualifications are imposed. Certain types of criminals, the
insane, and the otherwise defective are regularly excluded. [Footnote:
For a fuller discussion of the suffrage, see Chapter XXXIII.]
540. QUALIFICATIONS OF REPRESENTATIVES.--The Federal Constitution
declares that a Representative must be at least twenty-five years of
age. He must have been a citizen for at least seven years, and at the
time of his candidacy must also be an inhabitant of the state from
which he is chosen. The House itself determines whether or not these
qualifications have been met. No state may add to the constitutional
qualifications, but through the force of custom a Representative is
almost always a resident of the district which he is chosen to
represent.
541. ELECTION OF REPRESENTATIVES.--The Federal Constitution permits
the legislatures of the several states to regulate the time, manner
and place of elections for its Representatives to Congress.
However, the Constitution reserves to Congress the right to alter
these regulations at its discretion. This right has been exercised
several times. Congressional statute has provided that Representatives
shall be elected on the Tuesday following the first Monday in November
of even-numbered years, and that the election shall be by written or
printed ballot. It is also in accordance with Congressional statute
that Representatives are selected on the district plan, one
Representative being chosen from each Congressional district in the
state. Congress has furthermore provided that these districts shall be
of as nearly equal population as possible, and that they shall be
composed of "compact and contiguous territory."
542. THE CONGRESSIONAL DISTRICT.--Subject to the above limitations the
legislature of each state may determine the boundaries of its
Congressional districts. The state legislature finds it necessary to
redistrict the state if the decennial census shows that the population
of the state has increased unequally in various sections, or in case
the apportionment act of Congress changes the state's representation.
In many cases states have redistricted their territory for
illegitimate reasons. The Federal provision with reference to
contiguous territory has been loosely interpreted: in many cases
territory is held to be contiguous if it touches the district at any
point. The requirement that districts shall be of nearly equal
population has often been disregarded altogether. Since the state
legislature is controlled by the political party having a majority,
the dominant party can arrange the district lines so as to secure a
party majority in the greatest possible number of districts. This is
done by concentrating the opposition votes in a few districts which
would be hostile under any circumstances, and so grouping the
remaining votes as to insure for the dominant party a majority in
numerous districts.
543. GERRYMANDERING.--The result of this illegitimate redistricting
has been to create districts of great irregularity. In 1812, when
Elbridge Gerry was Governor of Massachusetts, the Republican party was
in control of the state legislature. In districting the state so as to
win for themselves as many districts as possible, the Republicans gave
one of the Congressional districts a dragon-like appearance. To the
suggestion of a famous painter that this looked like a salamander, a
local wit replied that it was more nearly a Gerrymander. The term
"gerrymander" has since continued to be used to designate this type of
illegitimate redistricting. [Footnote: For the relation of
gerrymandering to the problem of minority representation, see Chapter
XXXV.]
544. TERM OF REPRESENTATIVES.--Representatives are elected for two
years, the legal term commencing on the 4th of March following the
election. Except in the case of a special session, the actual service
of Representatives does not commence until the first Monday in
December, thirteen months after election. Members are frequently
reŰlected, the average term being about four years. When for any
reason a vacancy occurs in the representation from any state, the
Governor may, on the authority of the Federal Constitution, issue a
writ of election to fill the vacancy. A special election is then held
in the district in which the vacancy has occurred, and the
Representative so chosen serves for the remainder of the
term. [Footnote: The privileges and immunities of Representatives are
similar to those of Senators. See Section 537 of this chapter.]
C. THE POWERS OF CONGRESS
545. SPECIAL POWERS OF THE SENATE.--Of the three powers exercised
exclusively by the Senate, the power to approve treaties is one of the
most important. All treaties negotiated by the President must be
approved by a two-thirds vote of the Senate before becoming law. The
treaty may be approved or rejected as a whole, or it may be rejected
in part, and additional articles recommended as amendments. If changed
in form or content by the Senate the treaty does not become law until
both the President and the foreign power have assented to the
amendment or change.
In order to become valid, a large number of Presidential appointments
must receive the approval of the Senate. [Footnote: See Chapter XL,
Section 518.]
The Senate exercises a special judicial function in that it may sit as
a court of impeachment for the trial of persons whom the House of
Representatives has formally charged with treason, bribery, or other
high crimes and misdemeanors. Excluding military and naval officers,
who are tried by court-martial, and excluding also members of
Congress, who are subject only to the rules of their respective
houses, all Federal officers are subject to impeachment. Impeachment
requires a two-thirds vote of the Senators present. Removal from
office and disqualification to hold any office under the United States
is the heaviest penalty which can be imposed upon an impeached
official.
546. SPECIAL POWERS OF THE HOUSE.--The House likewise enjoys three
special powers.
One of these is the right to elect a President of the United States in
case no candidate has a majority of the electoral votes. This has
happened only twice, in 1800, and again in 1824.
The Federal Constitution provides that all revenue bills must
originate in the lower house. However, the Senate has come to share
this power through its power to amend such bills.
The House of Representatives has the sole power to prefer charges of
impeachment, that is to say, to present what may be called the
indictment against the accused official. The case is then tried before
the Senate, the House appointing a committee of its own members to act
as the prosecuting agency.
547. GENERAL SURVEY OF THE POWERS OF CONGRESS.--The powers of
Congress, _i.e._ the two houses acting together, are of two kinds:
First, express powers, by which is meant those specifically enumerated
in the Federal Constitution; and second, implied powers, by which is
meant those which are incident to express powers and necessary to
their execution. The foundation of the doctrine of implied powers is
the constitutional clause [Footnote: Article I, Section VIII, of the
Constitution.] which authorizes Congress to make all laws "necessary
and proper" for carrying out the powers granted it by the Federal
Constitution.
Grouping express and implied powers together, the more important
powers of Congress may be summarized as follows:
_Revenue and expenditures_. Congress has the power to lay and collect
taxes, duties, imports, and excises, and to appropriate money in order
"to pay the debts and provide for the common defense and general
welfare of the United States." But indirect taxes must be uniform
throughout the United States, and all direct taxes, except income
taxes, must be apportioned among the states according to population. A
further limitation is that Congress may not tax exports from any
state, nor levy upon the "necessary instrumentalities" of any state
government.