The Spirit of American GovernmentCosimo, Inc., 1. 5. 2006. - 420 страница Democracy-government by the people, or directly responsible to them-was not the object which the framers of the American Constitution had in view, but the very thing which they wished to avoid. In the convention which drafted that instrument it was recognized that democratic ideas had made sufficient progress among the masses to put an insurmountable obstacle in the way of any plan of government which did not confer at least the form of political power upon the people. Accordingly the efforts of the Constitutional Convention were directed to the task of devising a system of government which was just popular enough not to excite general opposition and which at the same time gave to the people as little as possible of the substance of political power.-from "Chapter III: The Constitution Reactionary Document"It was written a century ago, in 1907, but this rethinking of the legacy of the American founding fathers continues to inspire historical revisionists today. The opening salvo in what was to become a cottage industry of conspiracy theories, this startling and angry work posits that the American Constitution is not, in fact, a bastion of power-to-the-people philosophy but is, rather, the result of a political plot by the economic elite of the colonies to retain as much supremacy as possible for themselves.A shattering blow to the iconic images of the men who made America, this is a provocative and shocking read.OF INTEREST TO: readers of American history, students of the culture warsJAMES ALLEN SMITH (1860-1926) was professor of political science at the University of Washington. |
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The committee system a check on the majority | 193 |
The speakers power to thwart legislation | 199 |
Amendment of the constitution made more difficult | 235 |
CHAPTER X | 249 |
Fear of municipal democracy | 279 |
28 | 284 |
Why our state governments have not been favorable | 285 |
CHAPTER XI | 291 |
65 | |
73 | |
The Constitution a product of eighteenthcentury | 86 |
Effort to establish municipal selfgovernment | 90 |
Character of the laws vetoed by the Supreme Court | 111 |
The object of home rule provisions largely defeated | 112 |
Government by injunction | 117 |
The disadvantages of a deferred veto | 123 |
THE CHECKS AND BALANCES OF THE CONSTITUTION | 125 |
Relation of the theory of checks and balances | 131 |
The framers fear of democracy | 136 |
Subordination of the House of Representatives | 138 |
Significance of the Presidents oath of office | 146 |
Attitude of the framers toward criticism of public | 152 |
Federal versus national government | 160 |
CHAPTER VII | 186 |
The doctrine of vested rights | 299 |
INDIVIDUAL LIBERTY AND THE ECONOMIC SYSTEM | 304 |
The laissez faire policy | 310 |
The need of protection to labor | 316 |
The policy of the Supreme Court a factor in corrupt | 325 |
CHAPTER XIII | 331 |
Three reforms needed in the case of the Senate | 338 |
Power of twothirds of the states to call a consti | 346 |
Direct versus representative democracy | 355 |
CHAPTER XIV | 361 |
Decline in the efficacy of old restraints | 364 |
The need of more publicity | 372 |
CHAPTER XV | 379 |
Democracy would make government a science | 386 |
The scientific justification of democracys hostility | 394 |
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absolute veto adopted amendment American appointed aristocracy Articles of Confederation authority branch charter checks and balances cities colonies committee Constitution of Australia Convention coördinate Declaration of Independence declared defeat democracy democratic doctrine effective election Elliot's Debates enacted enforce English ernment evils executive exercise expressly fact favor Federal Constitution Federal judiciary Federalist framers Gouverneur Morris governor Hamilton Hampshire constitution House of Representatives impeachment important independent influence interests interpretation irresponsible jority judges judicial veto King largely lature laws legis legislature limit the power majority rule matter means measure ment minority necessary null and void opposed Parliament platform political party popular control popular government practice President principle proposed provision public opinion purpose qualified voters ratify recognized responsible secure Senate South Carolina stitution suffrage Supreme Court system of checks tenure tion tional treaties two-thirds majority United United States senators universal suffrage veto power vote
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Страница 174 - That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Страница 74 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority...
Страница 75 - Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void must necessarily be superior to the one whose acts may be declared void.
Страница 44 - Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable ; that the public good is disregarded in the conflicts of rival parties ; and that measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and overbearing majority.
Страница 206 - Among the numerous advantages promised by a wellconstructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides...
Страница 183 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had...
Страница 271 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Страница 173 - ... in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States, who are parties thereto, have the right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them.
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