33. LESSON 9.-Representative Government

(a) Introduction: Existing forms of government (1770): Switzerland oligarchy), France and England (monarchy), Germany (dictator), etc.

(b) Representative government (the American experiment): Medium between autocracy and democracy-Excerpts from Washington, Webster, Lincoln. (c) Methods of representative government:

(1) A written Constitution; consent of the governed; paramount individual rights guaranteed by Bill of Rights.

(2) Government by representation: Delegated national powers; powers reserved to State and people; powers delegated to the people; compromises.

(3) Separation of powers: Legislative, executive, judicial; the Federal judiciary.

(d) Dangers to representative government: Centralization; sectional and class legislation; multiplicity of laws; ignorance of citizens.

(e) Safeguards: Direct responsibility to the people; restricted immigration. (f) Destiny of America.

Introduction.-Until the eighteenth century the world had little experience with republics and no great love for them. Greece and Rome furnished early examples of an attempt to form democratic governments. In the Grecian cities popular sovereignty was practiced, and the laws were made directly by the free people. In Rome the townsman was favored as against the countryman, the voter in Rome passing laws to his own advantage while the countryman labored on his farm many miles away. The Venetian Republic, socalled, had a long and interesting history, but the rule was by a privileged class or oligarchy, the power being vested in a few nobles. Generally speaking, the state was controlled by a minority, and government was used for selfish ends.

After the failure of many experiments in free government the ancient world turned to monarchy and the attention of the people was directed to other than political problems. For centuries political revolutions were struggles for better government, rather than selfgovernment.

At the time of the Revolutionary War the republican form of government was discredited throughout the world. Switzerland was a league of small States tending to oligarchy. France was a monarchy under Louis XVI. England under George III was likewise a monarchy. Germany was under the dictatorship of Frederick the Great. Spain, Italy, and other European States were monarchies. Monarchy or oligarchy was deemed to be the proper form of good government, by reason of experience and belief that the people as a whole were unable to govern themselves.

Representative government; the American experiment.-There are characteristic distinctions in racial stocks with corresponding distinctions in social, economic, and political life. A few races qualified themselves for self-government. To establish that form of govern

ment was a long, hard struggle, culminating in the great American experiment.

The United States set up a distinct and different form of government, the product of distinct and defined racial stocks, the product of centuries spent in learning the principles and art of self-government. In practice our Government has come to be the most nearly perfect of all in securing individual rights and insuring the blessings of liberty.

The American form of government is the oldest republican Government in the world. With the passing years it is exercising a pronounced influence in modifying the governments of other nations. In England most of the masses have been given the right of suffrage. In continental Europe evolutionary and revolutionary changes have taken place since the World War; the older forms of government have disappeared. The new philosophy of government has reached to China and Japan.

American government differs from previous forms in certain vital and fundamental principles, which have come to be known as "American institutions." Outstanding among these is that of selfgovernment by representation. This new principle set a safe course for our "Ship of State" between the rocks of autocracy and democracy.

Autocracy declared the right of kings to be divine. Its authority could not be questioned; its dictums, however unjust, must be obeyed. Democracy, defined as the "direct rule of the people," had been repeatedly tried with destruction of government as its inevitable result.

Our constitutional fathers, familiar with the strength and weakness of both autocracy and democracy, would have neither. One hundred and fifty years of experience in colonial government prior to and through the Revolutionary War had fixed certain principles definitely in mind. Thorough students of government, many of them distinguished graduates of universities and colleges of law, they were able to define a representative republican form of gov ernment which fully protected the interests of every citizen without the domination of autocracy or the dangers of democracy as infringing the inalienable rights of the people.

The advantages which a republic has over a democracy consists in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and to schemes of injustice.-Madison. The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered as deeply, perhaps, as finally staked on the experiment entrusted to the hands of the American people.-Washington. We here highly resolve that these dead shall not have died in vain, that this Nation under God shall have a new birth of freedom, and that this Government of the people, by the people, and for the people shall not perish from the earth.-Lincoln.

If we fail, who shall venture the repetition?

If this great western

sun be struck out of the firmament, at what other fountain shall the lamp of liberty hereafter be lighted?-Webster.

Methods of representative government.-Constitutional government may be set up under either a written or an unwritten constitution. An unwritten constitution, consisting largely of customs, precedents, conditions, understandings, is constantly changing; any party in power may enact legislation materially affecting the methods of government and the political rights of citizens.

(1) A written Constitution.-In the United States the rights of the people are fully protected and the functions of government strictly defined in a written document known as the Constitution of the United States of America. In this document is set forth broad fundamental principles, subject to adjustment and amendment only by authority and action of the people expressed through their representatives in Congress.

The worth and strength of our Constitution is evidenced in the fact that the years which have passed since its adoption have witnessed the growth of our Nation from 3,000,000 to over 115,000,000 in population and its transformation from a wilderness to the mightiest industrial nation upon the earth, and only 20 amendments have been adopted to modify the principles set forth in the original Constitution.

The philosophy of this written Constitution has developed and cultivated the political intelligence of the masses. As a wall of protection it stands between the people and those who, through lust for power or the temporary passions of the moment, would trespass upon the rights of person or property.

Consent of the governed.-Originally the desire of the colonists was only to have a "voice" in the affairs of government.

We have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated tyranny.

Conditions so developed that they totally dissolved "all political connection between them and the state of Great Britain." Strong only in their sense of right, hope, and courage, they established a representative form of government based upon the consent of the governed. Consent in the drafting and approval of the instrument of government and its subsequent amendment was a new feature in government.

Paramount individual rights guaranteed by the Bill of Rights.The tyranny of legislature is a most formidable dread at present, and will be for many years. That of the Executive will come in its time, but it will be at a remote period.-Madison.

When the Constitutional Convention was drawing to a close several members who opposed the adoption of the proposed Constitu

tion suggested a number of amendments, which, they declared, "would make the Constitution acceptable to them." Many of these features subsequently were incorporated into the first 10 amendments, adopted in 1791, as supplements to the Constitution rather than changes.

While the Constitution already contained provisions for the protection of the rights of the individual citizen, various States desired that it contain a formally stated Bill of Rights, and on that condition it was ratified. To leave matters of such great import to inference, implication, or construction was not the part of wisdom. The rights of man-life, liberty, property, including no taxation without representation, legislative power, freedom from arbitrary government—are all assured to the people in the Bill of Rights. Rights formally stated in the Constitution are:

No ex post facto laws.

No bill of attainder.

Prohibiting the suspension of the privilege of habeas corpus.

Requiring trial by jury and at places where the crimes were committed. Defining treason and limiting punishment.

Granting the immunities and privileges of all States to the citizens of each State.

Forbidding a religious test before admission to public office.

To which the Bill of Rights added:

Right of peaceable assembly and petition the Government for redress of grievances.

Freedom of religion, speech, and press.

Right of the people to keep and bear arms-militia.

Quartering of soldiers only as provided by law.

Protection against unreasonable searches.

Right of accused to indictment by grand jury with certain exceptions.

Can not be required to testify against self.

Can not be deprived of rights without due process of law.

Private property can not be taken for public use without just compensation.

Right of a speedy and pubfic trial by an impartial jury.

Right to demand information concerning the nature and cause of accusation. To be confronted with witness against him.

Compulsory process for obtaining witnesses in his favor.

Have assistance of counsel for defense.

Right of trial by jury in suits at common law where value in controversy shall exceed $20.

Protection of verdict of said jury.

Excessive bail shall not be required.

Excessive fines shall not be imposed.

Cruel and unusual punishment shall not be inflicted.

Rights retained by the people shall not be denied nor disparaged.

Powers not delegated to the United States by the Constitution nor prohibited

by it to the States are reserved to the States or to the people.

(2) Government by representation.—

The United States shall guarantee to every State in the Union a republican form of government.-Constitution, Art. IV, sec. 4.

The framers of the Constitution were opposed to direct government. The remedy was to be found in representative government. Madison declared that the object to which their efforts were to be directed was how to prevent a majority rule and to preserve the spirit and form of popular government. The representative form of government was their answer.

There could be no question but that by a republican form of government was intended a government in which not only would the people's representatives make laws and the agents administer them, but the people would also directly or indirectly choose the Executive.-Cooley.

Sovereignty was placed in the hands of the people. No authority was delegated to any department either of National or State Government except by the people through the provisions contained in the Constitution.

Delegated national powers.-Among the powers delegated to Congress are: Levy taxes, coin money, pay national debts, regulate commerce, establish uniform naturalization laws, establish the post office, provide for the common defense, declare war, raise and support armies, provide a Navy.

Among the limitations placed on the powers of Congress are: Apportionment of representation and direct taxes among the States is determined by population; no money can be paid except by law; all orders, resolutions, and bills must be sent to the President for his consideration; privilege of habeas corpus shall not be suspended except in case of rebellion or insurrection.

Powers reserved to State and people.

The enumeration of certain rights shall not be construed to deny or disparage others retained by the people.-Amendments to Constitution, Art. IX.

The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States, respectively, or to the people.-Amendments to Constitution, Article X.

Among the powers delegated to the President are: Execute the laws; Commander in Chief of the Army and Navy; commission all officers of the United States; grant reprieves and pardons; may make treaties by and with the consent of the Senate; nominate the judges of the Supreme Court; give information to Congress in formal messages; sign or veto orders, resolutions, and bills received from Congress.

Compromises. In the establishment of our dual form of government a spirit of compromise prevailed. The instrument offered by the makers of the Constitution was the result of compromise, especially in regard to the matter of representation; the smaller States demanded equal representation with the larger Colonies. The compromise was the establishment of two Houses of Congress: The Senate, in which each State was given equal representation; member

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