Cabinet (government)

“ By a gradual process his authority has come more and more under the control of his ministers, until it is now almost entirely in the hands of the cabinet, which is responsible to Parliament, and through Parliament to the nation. The cabinet is to-day the mainspring of the whole political system, and the clearest method of explaining the relations of the different branches of the government to each other is to describe in succession their relations with the cabinet. ”

“ In the event of the President's death, incapacitation, or resignation, the Council is authorized to act as head of the state until the National Assembly shall have chosen a successor. As a cabinet the ministers formulate the fundamental policies of the Government and represent it in the chambers. The Council is administrative and is expressly recognized by law; the Cabinet is political and is not so recognized. In the meetings of the Council the President of the Republic not only sits, but presides; in those of the Cabinet he rarely even appears. ”

“ The existence of a cabinet, however, was always taken for granted in the discussion and formation of the constitution. It is a creation of custom and has no powers other than of advice and counsel to the President. The growth of executive and administrative business is not fully indicated by the increase in the number of departments. The growth within each department has been much greater. ”

“ A Cabinet government is the government of a committee selected by the legislature, and there are therefore a double set of conditions to it: first, those which are essential to all elective governments as such; and second, those which are requisite to this particular elective government. There are prerequisites for the genus, and additional ones for the species.
The first prerequisite of elective government is the MUTUAL CONFIDENCE of the electors. We are so accustomed to submit to be ruled by elected Ministers, that we are apt to fancy all mankind would readily be so too. ”

“ More vital than the functions of the cabinet as a whole are those which its members perform, as individuals, as heads of their departments. Every member of the cabinet, as has been mentioned, is the head of a department, and as such is given charge of some branch of the government’s work, subject at all times, however, to the direction of the President. ”

“ The idea of the cabinet as a homogeneous body, collectively responsible to parliament, was not yet established. Government was largely carried on by ministers working more or less independently of one another. In 1760 the cabinet, an informal committee of the privy council, was an institution of a different character from that of to-day. ”

“ A nation in such a happy state as this has obvious advantages for constructing a cabinet government. It has the best people to elect a legislature, and therefore it may fairly be expected to choose a good legislature—a legislature competent to select a good administration. ”

“ All laws are sanctioned and promulgated by the president, who is invested with the veto power, which can be overruled only by a two-thirds vote. The president, with the advice and consent of the senate, appoints judges, diplomatic agents, governors of territories, and officers of the army and navy above the rank of colonel. All other officers and officials he appoints and promotes without the consent of the senate. The cabinet is composed of eight ministers—the heads of the government departments of the interior, foreign affairs, finance, war, marine, justice, agriculture, and public works. ”

“ We turn next to the other element in the working machine of government, the Cabinet, or policy-directing body, which is the very pivot of our whole system. Two main functions fall to the Cabinet. In the first place, it has to ensure an effective co-ordination between the various departments of government; in the second place, it is responsible for the initiation and guidance of national policy in every sphere, subject to the watchful but friendly control of Parliament. ”

“ The nicest of all the adjustments involved in the working of the British Government is that which determines, without formally defining, the internal relations of the Cabinet. On the one hand, while each Minister is an adviser of the Crown, the Cabinet is a unity, and none of its members can advise as an individual, without, or in opposition actual or presumed to, his colleagues. On the other hand, the business of the State is a hundred-fold too great in volume to allow of the actual passing of the whole under the view of the collected Ministry. ”

“ The conventions of the constitution have limited and regulated the exercise of all legal powers by the regular organs of the state in such a way as to vest the main authority of the central government—the driving and the steering force—in the hands of a body entirely unknown to the law. The members of the cabinet are now always the holders of public offices created by law; but their possession of those offices by no means determines their activity as members of the cabinet. They have, indeed, two functions. ”

“ In Great Britain, the cabinet, selected from the legislature, is the real executive body. "In its origin it belongs to the legislative part of the State; in its functions it belongs to the executive part." By a conventional code, the ministry or "the Government" can be changed by a vote of want of confidence, or by a defeat of the ministry in the House of Commons on a governmental measure. Our Cabinet holds a subordinate position. The Constitution contemplates, but does not define, "executive departments." ”

“ Moreover, we wish to make it clear that we are not necessarily standing for a division of power. There may be separately constituted departments of government, one primarily for administration, the other primarily for legislation, yet a concentration of authority in one of them, as in the case under the cabinet system of Europe. The gentlemen of the opposition are advocating not only a concentration of power, but a fusion of functions as well. Their commission is at once the executive cabinet and the legislative body. ”

“ The cabinet has its finger always on the pulse of the House of Commons, and especially of its own majority there; and it is ever on the watch for expressions of public feeling outside. Its function is in large part to sum up and formulate the desires of its supporters, but the majority must accept its conclusions, and in carrying them out becomes well-nigh automatic. ”

“ The English cabinet is the executive committee of the House of Commons, and exercises a guiding and directing influence upon legislation. The position of the president is not at all like that of the prime minister; it is more like that of the English sovereign, though the latter has not nearly so much power as the president; and the American cabinet in some respects resembles the English privy council, though it cannot make ordinances. ”

“ One of the great changes in administrative machinery that has taken place in the civilised world within the last two hundred years is the substitution of an informal cabinet composed of the heads of departments, for a formal governing council of members who had themselves no direct administrative duties. ”

“ Principles of collective Cabinet government 4.1 Cabinet is the ultimate decision-making body of government. The purpose of Cabinet and its committees is to provide a framework for ministers to consider and make collective decisions on policy issues. Cabinet and its committees are established by convention but it is a matter for the incumbent government to determine the specific arrangements for collective decision-making. ”

“ Each cabinet officer, again, controls his own department pretty much as he pleases, without consultation with the President or with his coadjutors, and often in the face of determinations which have been reached by the others. ”

“ And, Honorable Judges, the whole experience of government proves the absolute necessity for a separate legislative department. Look where you will, and in each case there is an executive cabinet, based upon appointment, untrammelled by the burdens of legislation, and subjected to the criticism and control of a reviewing body. In Europe, the city councils are elected by the people, and the administrative departments are made up through a process of selection and appointment, together with the assurance of reasonable permanence of tenure, responsibility, and adequate support. ”

“ Each minister is responsible to the cabinet for the conduct of his department. He is constantly meeting with problems which may involve criticism in Parliament, and where a mistake might entail serious consequences for the whole government. In such cases he must decide how far he can assume to settle the question in accordance with his own opinion, and what matters he ought to bring before the cabinet. He must not, on the one hand, take up its time in discussing trivialities, and he must not, on the other, commit his colleagues to a course of action which really involves general policy. ”

“ Training in the duties of the one fits for the duties of the other. This is the only avenue of subordinate place through which the highest place can be naturally reached. Under the cabinet governments abroad a still more natural line of promotion is arranged. The Ministry is a legislative Ministry, and draws its life from the legislature, where strong talents always secure executive place. A long career in Parliament is at least a long contact with practical statesmanship, and at best a long schooling in the duties of the practical statesman. ”

“ It is impossible to draw from the traditions of the Government, or from the exigencies of the times, a principle or theory of a political character upon which so curious a Cabinet could have been constructed. But however little in its composition the great interests of the country might have been consulted, the President, true to the accommodation idea, consulted his own convenience, and selected men for the most important positions of the Government whom he desired to please and who pleased him with their company. ”

“ The duties of this council are confined chiefly to a salutary vigilance over the constitution and laws, and to the convocation of extraordinary sessions of the national legislature, either in conjunction with the president or by its sole act. The cabinet consists of a minister of foreign and domestic affairs; a minister of justice; a minister of finance; a minister of war and marine, each of whom receive an annual salary of six thousand dollars.
Each state government is independent within its local jurisdiction, and, like the federal government has, executive, legislative and judicial powers. ”

“ To those days also the reformers went for models of ministerial organisation. They formed a government consisting of seven departments,—religion, home affairs, foreign affairs, finance, army and navy, justice and law,—and at its head they placed a premier, who must be an Imperial Prince, and a vice-premier, the Cabinet being assisted by a body of eighteen councillors, who, including in their ranks the most active spirits of the revolution, exercised great influence. ”

“ By this means our Government will possess what it has always wanted, but never yet had, a Cabinet Council. An institution essential in all Governments, whose situation or connections oblige them to have an intercourse with other powers. ”

“ Moreover, it is impossible to deny that this division of authority and concealment of responsibility are calculated to subject the government to a very distressing paralysis in moments of emergency. There are few, if any, important steps that can be taken by any one branch of the government without the consent or coöperation of some other branch. Congress must act through the President and his Cabinet; the President and his Cabinet must wait upon the will of Congress. ”

“ The executive is a coordinate and independent branch of the Government equally with the Senate, and I have yet to learn under what constitutional authority that branch of the Legislature has a right to require of me an account of any communication, either verbally or in writing, made to the heads of Departments acting as a Cabinet council. ”

“ One sometimes hears of an interior junto, or cabinet within the cabinet, that really determines the policy. This is undoubtedly an exaggeration; a giving of formal shape to informal conferences among leaders on special questions, which have always taken place; but it appears not improbable that if the growth in the size of the cabinet continues, some such interior nucleus may develop which will bear to the cabinet something of the relation that the cabinet now bears to the ministry.
Offices in the Cabinet.
Certain offices always bring their holders into the cabinet. ”

“ With us, on the other hand, the President is elected by one representative body, which has nothing to do with him after his election, and the cabinet must be approved by another representative body, which has nothing directly to do with them after their appointment. ”

“ The Prime Minister stands between the Crown and the cabinet; for although the King may, and sometimes does, communicate with a minister about the affairs relating to his own department, it is the Premier who acts as the connecting link with the cabinet as a whole, and communicates to him their collective opinion. ”