Westel Woodbury Willoughby

“ The aim of every good government is to distribute its burdens of taxation, as well as its benefits, fairly and equitably among its citizens. It is the duty of every citizen to assist in the realization of this aim, by an intelligent, honest and disinterested vote. Equality of taxation means equality of sacrifice. Each person should contribute towards the support of the government in proportion to his means and the benefits enjoyed. ”

“ The government of the United States is the judge of its own powers, for it is in its own supreme judicial tribunal that the constitutionality of both State and Federal laws is finally determined. More than once has a practical answer been demanded to the question What is to be done by a State or States when, in their estimation, the National Government has transcended its powers and legislated in an unconstitutional manner? Obedience, nullification, or, in the last resort, secession from the Union, have been the various alternatives that have offered themselves to the States. ”

“ The duties of the executive are to enforce and apply the laws of the nation after they are made by the legislature and interpreted by the courts. This is the real business of government, by which the laws are put into effect, and the work of government is actually carried on. In the United States Government this power is placed in the hands of a body of men distinct from the legislative and judicial officers. At the head is the President, and hence his title of "Chief Executive." It is evident that he must divide up the vast amount of work to be done, and delegate it to others. ”

“ Thus originated that remarkable body known as the Continental Congress, which, with its periodical sessions and frequent changes of membership, bore for fifteen years the symbols of Federal power in America; which, as a single house of deputies acting by Colonies or States, and blending with legislative authority, imperfect executive and judicial functions, raised armies, laid taxes, contracted a common debt, negotiated foreign treaties, made war and peace ”

“ To maintain the view that the Union is older than the States it is necessary to show that the Continental Congress was of such a character, and its powers of such a nature, that a true national government may be said to have existed before July 4, 1776, and therefore, that the Declaration of Independence and the consequent transformation of the colonies into States were not the result of the individual action of separate colonies, but of the whole people united in a nation. ”

“ Every Representative is on one committee, and most of them on several. Unlike the custom in the Senate, in the House the presiding officer has the sole power of appointment, which makes him, next to the President, the most important and powerful government official. The chairman of each committee has, of course, a large power over affairs with which his committee is concerned, and for this reason it is often said that it is the chairmen of these committees who rule the land. ”

“ The Supreme Court has been an invariable supporter of the Federal Constitution. During the early years of our government it was our firmest barrier against the efforts of the States to lessen the federal power. It has always maintained the balance of power between the States and the Union. ”

“ It is the duty of every citizen, first to see that just and expedient tax laws are passed, then to pay his proper proportion, and lastly, to see that his neighbors likewise contribute their share. To obtain an equitable system of government revenue and expenditure has been the great motive force which, in the past, has urged the people forward in their efforts to secure popular forms of government. ”

“ The participation of the people in their own government consists therefore merely in the choice of officers to represent them and carry out their wishes. There exist at present several republics, the tendency seeming to be for nations to approach more nearly this form of government. France has been, since 1870, the best European example of a republic. Our own government—the United States of America—is to us the most interesting and important example of a republic. ”

“ This party government, or "machine," as it is called, has been created by no law or constitution, but is one which has been gradually formed by the voters themselves, and under which they have voluntarily placed themselves, in order better to succeed in their elections, well realizing that the best chance of success is by having all the voters of their party united on certain principles embodied in a party platform, and having candidates so nominated that the whole party will recognize them as their choice. ”

“ The right of secession follows as a logical outcome of the theory of nullification rigidly carried out. Federal laws are general in their nature, and if binding anywhere, must be binding everywhere. If then, a minority of States insist on their right of nullification, the federal government will be obliged either to admit that every act of Congress is without any force in a State until it has obtained the tacit approval of the people of that State, or else it will be driven to the necessity of obtaining the enforcement of the law by arms. ”

“ The power to tax is legislative, and, according to our theory, can be exercised only by representatives directly elected by the people. The refusal of England in the last century to extend this principle of "no taxation without representation" to her colonies in America, lost her these possessions. A government to be stable and efficient must possess adequate powers for the collection of its revenue. The miserable condition to which the old Confederation was reduced by reason of the inadequacy of its powers in this respect, has already been discussed. ”

“ In forming the Constitution the framers of our government were controlled by the principle that the powers which belong to all governments can be most safely and satisfactorily exercised by dividing them according to their nature among three separate branches, the executive, the legislative, and the judicial. ”

“ In the United States Constitution it is expressly declared that "the powers not granted to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." ”

“ The framers of our constitution were wise in not attempting to specify more particularly than they did, the manner in which the several powers granted to the Federal Government should be exercised. They realized that they were forming a scheme that was to endure for many years, and that if it was to be capable of meeting the needs of a changing and rapidly growing country, it would have to be elastic, and contain within itself the power of adapting itself to new needs and conditions. ”

“ Those collecting taxes are called collectors. The revenue of the States is seldom large in proportion to the wealth and number of the inhabitants, because the chief burden of administration is borne not by the States, but by the Federal government, on the one hand, and the local subdivisions of the States on the other. The total revenue of all the States is barely one-third that of the Federal government. ”

“ Every change by which new and greater political powers are given into the hands of the common people is considered a step towards the full realization of popular government. During the last one hundred years great strides have been made in this direction by all European nations except Turkey and Russia. The extent to which this movement towards popular control of government can be safely and successfully carried is a question of very great importance. ”

“ It has power to bring States before it, States which some of our politicians have been in the habit of considering sovereign, not only when they come voluntarily, but by Federal process they are subjected, in certain cases, to the judgment of the court. Whatever these States may have been at the time of the formation of the Constitution, they now number their inhabitants by the millions, and in wealth and civilization are equal to many of the independent sovereignties of Europe. ”

“ Committee Government in Congress owes its existence to no provision of the constitution. The only mention made in the constitution of the Speaker of the House, to-day the most powerful officer in the legislature, is where it is provided that "The House of Representatives shall choose their speaker and other officers." All executive departments—the State, War, Navy, Treasury, Post Office, Interior, Justice, Agriculture, and Labor—have been created from time to time by act of Congress. ”

“ States are divided into districts for election purposes, and, though members of the legislature may offer themselves for election from any district, it has become the invariable custom for them to be elected only from the districts in which they reside. Universal manhood suffrage, that is, the right of all male citizens over 21 years of age to vote, is the rule, though in eight States paupers have no vote, and in a few, a certain amount of education is required (generally enough to read the State constitution) . The number of members in the State legislatures varies greatly. ”

“ The States, by the plan of the Constitution, are prohibited from doing a variety of things, some of which are incompatible with the interests of the Union; others with the principles of good government. The imposition of duties on imported articles, and the emission of paper money are specimens of this kind. No man of sense will believe that such prohibition would be scrupulously regarded, without some effectual power in the government to restrain or correct infractions of them. ”

“ What were the grounds upon which the colonists justified their resistance to the acts of English government?
In the first place, they claimed that their rights were received from, and their allegiance was due to the King, not to the Parliament. The colonists said the King was the only tie that bound them to England; that Parliament was composed of representatives from England alone, and therefore had powers of legislation only for England. ”

“ There has always been a party, the members of which, favoring great powers for the States rather than for the Federal Government, have been "strict constructionists," and have advocated a close and narrow interpretation of this clause of "implied powers." From their desire to retain in the State governments as many powers as possible, they have been known as the "States' Rights Party." ”

“ The form of government of all our large cities is much the same. It is substantially a reproduction, in form, of the state governments. First, there is a mayor, who is the chief executive, and is elected directly by the people of the city. His term of office is sometimes only one year, though more often two, three, or four years. In almost all cases he has a veto on acts of the city legislature, which veto may, however, be overridden by a two-thirds vote.
Other subordinate officials are, the treasurer, collector of taxes, chief of police, health officer, etc. ”

“ That is to say, that each State has the right to determine for itself when an unwarranted power has been assumed by the general government, and in such a case to declare the obnoxious law null and of no force within her own boundaries. ”

“ The President and heads of departments appoint all officers in the executive departments. It is manifestly impossible for them to base their appointments upon personal knowledge. Hence has arisen the custom of filling almost all offices not controlled by the Civil Service Commission upon the recommendation of congressmen, each of whom controls for the most part the patronage of his own district. Only the Secretaries, Assistant Secretaries, Commissioners, and other chief officials are really appointees of the President on his own responsibility. ”

“ The statement sometimes loosely made that a description of our government is contained in the constitution, is apt to be misleading. The constitution has served rather as a foundation upon which to build the government, than as an entire framework. As a distinguished writer has termed it, "The constitution was meant only as a scheme in outline, to be filled up afterwards, and from time to time, by legislation." ”

“ There are few towns exceeding five square miles in area, and the population is generally less than 3,000. The New England township is therefore not a thickly settled area. When a town becomes closely settled it is incorporated as a city.
In the New England towns the people govern themselves directly. In the State and Federal governments the people are governed not by themselves, but through representatives chosen by themselves. The town or township form of government is that of a pure democracy; the States and Federal governments are representative governments or republics. ”

“ CHAPTER XVII. Government Revenue and Expenditure.
Government is an enormous business enterprise, maintained and operated by its citizens, that certain duties of a general interest and benefit may be performed. The magnitude of the work performed necessarily requires the expenditure of vast sums of money. The chief source from which these sums are derived is taxation. Taxes have been defined to be "the legally determined and legally collected contributions of individuals for meeting the necessary and general expenses of the State." ”

“ Separate bureaus and divisions have been created, which in some cases are, for all practical purposes, as independent and important as the departments themselves.
The organization of all the different departments is much the same. At the head of each is an officer appointed by the President, the President thus having control generally over the whole executive business of the government. These officers are called Secretaries, except in the cases of the Post Office Department, whose head is the Postmaster-General, and of the Department of Justice, whose head is the Attorney-General. ”

“ Just as the whole United States is divided into forty-eight sections, each section being a State or Territory, so each State is in turn, for convenience in the administration of its government, divided into small local areas, each division managing those affairs which appertain to its own area. Many of these divisions were not formed by dividing up the States. The divisions came first, or sprang up naturally within the States as soon as the colonies were settled. Social governments were the first governments formed in the settlement of our Western territory. ”

“ Different nations have, therefore, developed for themselves different forms of government. Yet these governments, however different in their structures and administration, are in all cases distinctly referable to four well defined types: Monarchy, Aristocracy, Democracy, and the Republic. #Monarchy.#—A monarchy is a nation at whose head is a personal ruler, called King, Emperor, or Czar, who has control of the government, appoints the principal officers of state, and to whom in theory at least, these appointees are responsible for their actions. ”