John Fiske

“ If a law of any state or of the United States is decided by the supreme court to be in violation of the Constitution, it instantly becomes void and of no effect. In this supreme exercise of jurisdiction, our highest federal tribunal is unlike any other tribunal known to history. The supreme court is the most original of all American institutions. It is peculiarly American, and for its exalted character and priceless services it is an institution of which Americans may well be proud. ”

“ Our government is, indeed, in most respects, a marvel of political skill; and in ordinary times it runs so smoothly that now and then, absorbed as most of us are in domestic cares, we are apt to forget that it will not run of itself. To insure that the government of the nation or the state, of the city or the township, shall be properly administered, requires from every citizen the utmost watchfulness and intelligence of which he is capable. ”

“ It is one signal merit of the peaceful and untrammelled way in which American institutions have grown up, the widest possible scope being allowed to individual and local preferences, that different states adopt different methods of attaining the great end at which all are aiming in common,—good government. One part of our vast country can profit by the experience of other parts, and if any system or method thus comes to prevail everywhere in the long run, it is likely to be by reason of its intrinsic excellence. ”

“ Then the rapid growth of a city, especially of a new city, requiring the immediate construction of a certain amount of public works, almost necessitates the borrowing of money, and debt means heavy taxes. It is like the case of a young man who, in order to secure a home for his quickly growing family, buys a house under a heavy mortgage. Twice a year there comes in a great bill for interest, and in order to meet it he must economize in his table or now and then deny himself a new suit of clothes. ”

“ I do not mean to be understood as saying that there is not plenty of intricate detail about state and national governments. I am only comparing one thing with another, and it seems to me that one chief difficulty with city government is the bewildering vastness and multifariousness of the details with which it is concerned. The modern city has come to be a huge corporation for carrying on a huge business with many branches, most of which call for special aptitude and training. ”

“ If the county board, as in colonial Virginia, perpetuates itself, or is appointed otherwise than by popular vote, it is not strictly a representative board, in the modern sense of the phrase; the government is a kind of oligarchy. If, as in colonial Pennsylvania, and in the United States generally to-day, the county board consists of officers elected by the people, the county government is a representative democracy. The township government, on the other hand, as exemplified in New England and in the northwestern states which have adopted it, is a pure democracy. ”

“ If the average character of our local governments for the past quarter of a century had been quite as high as that of the Boston town-meeting or the Virginia boards of county magistrates, in the days of Samuel Adams and Patrick Henry, who can doubt that many an airy demagogue, who, through session after session, has played his pranks at the national capital, would long ago have been abruptly recalled to his native heath, a sadder if not a wiser man? We cannot expect the nature of the aggregate to be much better than the average natures of its units. ”

“ The comparison between governing and steering was a happy one. To govern is not to command as a master commands a slave, but it is to issue orders and give directions for the common good; for the interests of the man at the helm are the same as those of the people in the ship. All must float or sink together. Hence we sometimes speak of the "ship of state," and we often call the state a "commonwealth," or something in the weal or welfare of which all the people are alike interested. ”

“ But in practice nothing has been more common than for the same persons to be reelected as selectmen or constables or town-clerks for year after year, as long as they are able or willing to serve. The notion that there is anything peculiarly American or democratic in what is known as "rotation in office" is therefore not sustained by the practice of the New England town, which is the most complete democracy in the world. It is the most perfect exhibition of what President Lincoln called "government of the people by the people and for the people." ”

“ Observe now that the township is to be regarded in two lights. It must be considered not only in itself, but as part of a greater whole. We began by describing it as a self-governing body, but in order to complete our sketch we were obliged to speak of it as a body which has a share in the government of the state and the nation. The latter aspect is as important as the former. If the people of a town had only the power of managing their local affairs, without the power of taking part in the management of national affairs, their political freedom would be far from complete. ”

“ The tariff has always been our favourite device for obtaining a national revenue. During our Civil War, indeed, the national, government resorted extensively to direct taxation, chiefly in the form of revenue stamps, though it also put a tax upon billiard-tables, pianos, gold watches, and all sorts of things. But after the return of peace these unusual taxes were one after another discontinued, and since then our national revenue has been raised, as in Hamilton's time, from duties on imports and excise on a few domestic products, chiefly tobacco and distilled liquors. ”

“ Sir, if this course of things cannot be checked, good men will grow tired of the exercise of political privileges. They will see that such elections are but a mere selfish contest for office, and they will abandon the Government to the scramble of the bold, the daring, and the desperate."—Daniel Webster on Civil Service, in 1832. ”

“ The theory of legislative bodies, as laid down in text-books, is that they are assembled for the purpose of enacting laws for the welfare of the community in general. In point of fact they seldom rise to such a lofty height of disinterestedness. Legislation is usually a mad scramble in which the final result, be it good or bad, gets evolved out of compromises and bargains among a swarm of clashing local and personal interests. The "consideration" may be anything from log-rolling to bribery. In American legislatures it is to be hoped that downright bribery is rare. ”

“ For if such questions are not settled in accordance with knowledge, they will be settled in accordance with ignorance; and that is a kind of settlement likely to be fraught with results disastrous to everybody. It cannot be too often repeated that eternal vigilance is the price of liberty. People sometimes argue as if they supposed that because our national government is called a republic and not a monarchy, and because we have free schools and universal suffrage, therefore our liberties are forever secure. ”

“ It is therefore a fact of cardinal importance that in the United States the local governments of township, county, and city are left to administer themselves instead of being administered by a great bureau with its head at the state capital. In a political society thus constituted from the beginning it has proved possible to build up our Federal Union, in which the states, while for certain purposes indissolubly united, at the same time for many other purposes retain their self-government intact. ”

“ And while in the history of Massachusetts during the Revolution we are chiefly impressed with the wonderful degree in which the mass of the people exhibited the kind of political training that nothing in the world except the habit of parliamentary discussion can impart; on the other hand, Virginia at that time gave us—in Washington, Jefferson, Henry, Madison, and Marshall, to mention no others—such a group of consummate leaders as the world has seldom seen equalled. ”

“ Obviously under such circumstances city government must become more or less of a mystery to the great mass of citizens. They cannot watch its operations as the inhabitants of a small village can watch the proceedings of their township and county governments. Much work must go on which cannot even be intelligently criticised without such special knowledge as it would be idle to expect in the average voter, or perhaps in any voter. It becomes exceedingly difficult for the taxpayer to understand just what his money goes for, or how far the city expenses might reasonably be reduced ”

“ What was copied was not the free republic of London, with its noble traditions of civic honour and sagacious public spirit, but the imperfect republics or oligarchies into which the lesser English boroughs were sinking, amid the foul political intrigues and corruption which characterized the Stuart period. The government of American cities in our own time is admitted on all hands to be far from satisfactory. ”

“ That separation between the executive and legislative departments, which is one of the most distinctive features of civil government in the United States, tends to prevent the development of leadership. An English prime minister's policy, so long as he remains in office, must be that of the House of Commons; power and responsibility are concentrated. An able president may virtually direct the policy of his party in Congress, but he often has a majority against him in one house and sometimes in both at once. Thus in dividing power we divide and weaken responsibility. ”

“ We have seen what a great part taxation plays in the business of government, and we shall presently have to treat of county, state, and federal governments, all of them wider in their sphere than the town government. In the course of history, as nations have gradually been built up, these wider governments have been apt to absorb or supplant and crush the narrower governments, such as the parish or township ”

“ Our republican government, which, after making all due allowances, seems to work remarkably well in rural districts, and in the states, and in the nation, has certainly been far less successful as applied to cities. Accordingly our cities have come to furnish topics for reflection to which writers and orators fond of boasting the unapproachable excellence of American institutions do not like to allude. Fifty years ago we were wont to speak of civil government in the United States as if it had dropped from heaven or had been specially created by some kind of miracle upon American soil ”

“ With an independent and uncorrupted ballot, and the civil service taken "out of politics," all other reforms will become far more easily accomplished. These ends will presently be attained. Popular government makes many mistakes, and sometimes it is slow in finding them out; but when once it has discovered them it has a way of correcting them. It is the best kind of government in the world, the most wisely conservative, the most steadily progressive, and the most likely to endure. ”

“ Compared with the vast prerogatives of the state legislatures, these limitations seem small enough. All the civil and religious rights of our citizens depend upon state legislation; the education of the people is in the care of the states; with them rests the regulation of the suffrage; they prescribe the rules of marriage, the legal relations of husband and wife, of parent and child; they determine the powers of masters over servants and the whole law of principal and agent, which is so vital a matter in all business transactions; they regulate partnership, debt and credit, insurance ”

“ If things in America ever come to such a pass that the city council of Cambridge must ask Congress each year how much money it can be allowed to spend for municipal purposes, while the mayor of Cambridge holds his office subject to removal by the President of the United States, we may safely predict further extensive changes in the character of the American people and their government. ”

“ Such poor people are apt to have exaggerated ideas of what a vote can do; very likely they think it is because they do not have votes that they are poor; thus they are ready to entertain revolutionary or anarchical ideas, and are likely to be more dangerous material in the hands of demagogues than if they were allowed to vote. Universal suffrage has its evils, but it undoubtedly acts as a safety-valve. The only cure for the evils which come from ignorance and shiftlessness is the abolition of ignorance and shiftlessness ”

“ One of the most serious of the dangers which beset democratic government, especially where it is conducted on a great scale, is the danger that the majority for the time being will use its power tyrannically and unscrupulously, as it is always tempted to do. Against such unbridled democracy we have striven to guard ourselves by various constitutional checks and balances. Our written constitutions and our Supreme Court are important safeguards, as will be shown below. The independence of our executives is another important safeguard. ”

“ Sometimes it is used par excellence for a city, as when an inhabitant of Cambridge, itself a large suburban city, speaks of going to Boston as going "into town." But such cases are of course mere survivals from the time when the suburb was a village. In American usage generally the town is something between village and city, a kind of inferior or incomplete city. The image which it calls up in the mind is of something urban and not rural. ”

“ Teachers and pupils do not have time enough to deal properly with large treatises. Brevity, therefore, is golden. A concise manual is the desideratum, touching lightly upon the various points, bringing out their relationships distinctly, and referring to more elaborate treatises, monographs, and documents, for the use of those who wish to pursue the study at greater length.
Within limits thus restricted, it will probably seem strange to some that so much space is given to the treatment of local institutions,—comprising the governments of town, county, and city. ”

“ I doubt, too, whether any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? ”

“ This example shows that, among the sovereign powers of a government, the power of taxation is the fundamental one upon which all the others depend. Nothing can go on without money.
But the people of the several states would never consent to grant the power of taxation, to such a body as the Continental Congress, in which they were not represented. The Congress was not a legislature, but a diplomatic body; it did not represent the people, but the state governments; and a large state like Pennsylvania had no more weight in it than a little state like Delaware. ”

“ When a state of things arises, with which men's established methods of civil government are incompetent to deal, men fall back upon the primitive method which was in vogue before civil government began to exist. They fight it out; and so we had our Revolutionary War, and became separated politically from Great Britain. It is worthy of note, in this connection, that the last act of parliament, which brought matters to a crisis, was the so-called Regulating Act of April, 1774, the purpose of which was to change the government of Massachusetts. ”

“ It will be remembered that the oldest form of civil society, which is still to be found among some barbarous races, was that in which families were organized into clans and clans into tribes; and we saw that among our forefathers in England the dwelling-place of the clan became the township, and the home of the tribe became the shire or county. Now, in nearly all primitive societies that have been studied, we find a group that is larger than the clan but smaller than the tribe,—or, in other words, intermediate between clan and tribe. ”

“ Allowing for this undervaluation, we may say that a man worth $50,000 commonly pays not less than $500 for his yearly taxes, or about one fifth of the annual income of the property. We thus begin to see what a heavy burden taxes are, and how essential to good government it is that citizens should know what their money goes for, and should be able to exert some effective control over the public expenditures. Where the rate of taxation in a town rises to a very high point, such as two and a half or three per cent, the prosperity of the town is apt to be seriously crippled. ”

“ In spite of the community in language and institutions, which was so favourable to union, the people of the several states had many local prejudices which tended to destroy the union in its infancy. A man was quicker to remember that he was a New Yorker or a Massachusetts man than that he was an American and a citizen of the United States. ”