Legislative policy

“ Encroachment upon the functions of Congress or attempted dictation of its policy are not to be thought of, much less attempted, but there is all insistent call for harmony of purpose and concord of action to speed the solution of the difficult problems confronting both the legislative and executive branches of the Government. ”

“ It assails the doctrine of conventions, which invests the people, by representation, with unlimited power. It assails all our constitutions, under which the people, by representation, possess an uncontrolled legislative and executive power. And instead of the sovereignty fully, fairly and honestly allowed to the people by our policy, it limits their rights to the subordinate privilege of consenting to law. A law is irrepealable by consent, and one, obtained by surprise, manacles a nation forever. ”

“ Against this host of dangers, no security occurs to me, except a strict scrutiny into laws and all the measures of government, by the light of good moral principles.
Our policy has attempted to wrest war from the hands of executive power, lest it should be used as a means of making legislative an instrument for advancing its projects, and representation a mask to conceal them. War is the keenest carving knife for cutting up nations into delicious morsels for parties and their leaders. ”

“ The effort of the general constitution, to say the least, is greater to secure the independence of executive, than of legislative or judicial power; neither of these can appoint a president or enrich him by office. Neither, nor both, can select a president of political opinions similar to their own, or mould his tenets by patronage into such conformity. Was it believed, that numerous bodies would be more likely to corrupt one man, than one man would be to corrupt numerous bodies? Or was it believed, that a single executive was a safer depositary of self government, than a legislative assembly? ”

“ If legislative patronage enriches a portion of society, that portion is necessarily converted into an order, possessing the qualities of an aristocracy. It is placed between the government and the nation. It receives wealth from the one, and takes it from the other. This ties it to the government by the passion of avarice, and separates it from the nation by the passion of fear. And these two passions, annexed to any separate interest, have unexceptionably converted it into a political order, and forced it into the ranks of despotism. ”

“ This legislation is the result of an exercise by Congress of the legislative power vested in it by the Constitution, and of an exercise by the President of his constitutional power in approving a bill and thereby making it "a law." To sustain it is to respect the actions of the two branches of our Government directly responsive to the will of the people and empowered under the Constitution to determine the wisdom of legislation. ”

“ Legislative power solicits a state of degradution, by descending to the indignity of pleading a subserviency to them, as a passport to popular favour, and condescending to become the satellite of one mail. State legislatures, parties and individuals, enlist under candidates for the presidency, as they do in England under candidates for the ministry; and the nation itself, forgetting their representatives, contemplates the dazzling executive power of their own creation. ”

“ Whenever the mass of wealth, virtue and talents, is lost by a few and transferred to a great portion of a nation, an aristocracy no longer retains the only sanctions of its claim and wherever these sanctions deposit themselves, they carry the interwoven power. By spreading themselves so generally throughout a nation, as to be no longer compressible into a legislative chamber, or inheritable by the aid of perpetuity and superstition, these antient sanctions of aristocracy, become the modern sanctions of public opinion. ”

“ The legislative power being that, which is predominant in all governments, ought to be, above all, of this character; because there can be no security for the general government, or the state governments, without an adequate representation, and an adequate check of each in the functions of legislation. ”

“ Shall we corrupt the legislature, to come at rare talents which do not exist, and which would, if found, he a calamity; or he contented with such talents as nature does create, and with legislative integrity in the bargain? If such men as Alexander, Cæsar or Cromwell are examples of this vast superiority of talents, it would he better to let them remain unknown, than to awaken them by executive patronage over legislative power.
The truth is. that rare talents, like a natural aristocracy, are created by ignorance, and that cunning takes advantage of the opinion to scourge mankind. ”

“ It is matter of surprise that mankind should owe their greatest calamities to the two most respectable human characters, priests and patriots, from a political gluttony, like that of swallowing too much food, however good. If responsibility to God cannot cure priests of the vices which infect legislative parties of interest, what security lies in a responsibility to man? If the love of souls cannot awaken integrity, laid to sleep by this species of legislative patronage, will it be awakened by a love of wealth and power? ”

“ How grateful, then, should we be, that, at this important period,—a period important, not to us alone, but to the general rights of mankind,—so much harmony and concession should prevail throughout the states; that the public opinion should be so much actuated by candor, and an attention to their general interests; that, disdaining to be governed by the narrow motives of state policy, they have liberally determined to dedicate a part of their advantages to the support of that government from which they received them! ”

“ The authority of the Legislature, says the same author who is quoted by your Excellency, "does not extend so far as the fundamentals of the constitution. They ought to consider the fundamental laws as sacred, if the nation has not in very express terms, given them the power to change them. For the constitution of the state ought to be fixed; and since that was first established by the nation, which afterwards trusted certain persons with the Legislative power, the fundamental laws are excepted from their commission." ”

“ The tranquil and successful establishment of a great reform, by the reason of the community, must give as much force to the doctrines urged on one side, as a contrary event would do to the policy maintained on the other. ”

“ But further.—This central government itself, like the nation which it serves, is a compound body; a unit composed of parts, each of which in its own sphere is independent, yet beyond that sphere is limited by the functions of the other parts. This government is a triple compound, and consists of the legislative, the judicial, and the executive departments.
The legislative, or Congress, declares the will of the nation. ”

“ The body politic has the same motive powers; here too force and will are distinguished, will under the name of legislative power and force under that of executive power. Without their concurrence, nothing is, or should be, done.
We have seen that the legislative power belongs to the people, and can belong to it alone. ”

“ We have said that-'The Constitution has never been regarded as denying to the Congress the necessary resources of flexibility and practicality, which will enable it to perform its function in laying down policies and establishing standards, while leaving to selected instrumentalities the making of subordinate rules within prescribed limits and the determination of facts to which the policy as declared by the Legislature is to apply. ”

“ I have altogether rejected the suggestion of a special Executive policy for any section of our country. It is the duty of the Executive to administer and enforce in the methods and by the instrumentalities pointed out and provided by the Constitution all the laws enacted by Congress. These laws are general and their administration should be uniform and equal. As a citizen may not elect what laws he will obey, neither may the Executive elect which he will enforce. The duty to obey and to execute embraces the Constitution in its entirety and the whole code of laws enacted under it. ”

“ But it is evident that the concession merely consists in this: that legislators have retraced their own steps, and undone their own work. If we examine the policy of the most humane and enlightened governments, we shall find this to be the course they have pursued. The whole scope and tendency of modern legislation is to restore things to that natural channel from which the ignorance of preceding legislation has driven them. This is one of the great works of the present age; and if legislators do it well, they will deserve the gratitude of mankind. ”

“ There is evidence in these new constitutions, however, [Pg 304] that the people placed less reliance in their legislative bodies than did the people of the Revolutionary era. Instead of general grants of legislative power, there are specific prohibitions and positive injunctions. ”

“ One, the supreme body, should be elected by counties or cities to deal with general interests, taxation, justice, education, the duties and rights of individual citizens as citizens. The other bodies should be elected by the people engaged in particular occupations to control the policy of the State institutions created to foster particular interests. The average man will elect people to his mind whose deliberations will be in a sphere where the ideas of the average man ought to be heard and must be respected. ”

“ It is our duty to draw from nature, from reason, from examples, the best principles of policy, and to pursue and to apply them in the formation of our government. We should contemplate and compare the systems which, in this examination, come under our view; distinguish, with a careful eye, the defects and excellences of each, and, discarding the former, incorporate the latter, as far as circumstances will admit, into our Constitution. ”

“ This necessity of invoking the aid of the state legislature, constantly felt in every rapidly growing city, tended to develop a feeling of dependence upon legislative intervention as an indispensable factor in the solution of local problems. ”

“ Whenever our national legislature is led to overleap the prescribed bounds of their constitutional powers, on the State Legislatures, in great emergencies, devolves the arduous task—it is their right—it becomes their duty, to interpose their protecting shield between the right and liberty of the people, and the assumed power of the General Government. ”

“ The form of an executive power constituted no motive for the general government, nor will an alteration in that form, defeat or counteract the ends intended to he obtained. Amendments, which will secure the fundamental principles of our policy, and the essential objects of the general constitution itself, may be resorted to with safety, and are the best resources against their loss. ”

“ The whole future prosperity and persistence of the American Federal system is bound up in the progressive solution of this group of problems; and if it is left to the conflicting jurisdictions of the central and local governments, the American democracy will have to abandon in this respect the idea of seeking the realization of a really national policy. ”

“ The legislative lion will not be entangled in the meshes of a logical net. The legislature will always make the power which it wishes to exercise, unless it be so organized as to contain within itself the sufficient check. ”

“ There are already commercial heats and political distempers in our body politic which warn of an early necessity for carefully prescribed physic. Under such circumstances, some measure of legislative reform is clearly indispensable. We cannot afford to put up any longer with such legislation as we may happen upon. ”

“ The old system vests the law-making power in a legislative body composed of men elected by the people and supposed to be peculiarly fitted by reason of character, education, and training for the performance of that duty. These men come together and give their entire time through a period of some weeks or months to the consideration of proposed legislation, and the laws they enact go into immediate effect, and remain in force until set aside by the courts as unconstitutional or until repealed by the same authority that enacted them. ”

“ The first species of capacity we assign to the people, operates between them and governments; the second, between governments and individuals, and between citizens. It is our policy to subject the whole field of this second capacity to legislation, and to exclude it from the whole field of the first. Law is allowed to regulate right and wrong in the latter cases, but not between the nation and its government. It cannot form a new government. ”

“ Let us compare the members composing the legislative, executive, and judicial powers, in the general government, with these in the states, and let us take into view the vast number of persons employed in the states: from the chief officers to the lowest, we shall find the scale preponderating so much in favor of the states, that, while so many persons are attached to them, it will be impossible to turn the balance against them. There will be an irresistible bias towards the state governments. ”

“ And the policy of Congress, as manifested in its legislation upon the subject, had regard not merely, nor even chiefly, for the particular and immediate interests of the several municipalities. It looked to the promotion of the prosperity and welfare of the whole people of the United States, through the development of organized self-governing communities-afterwards to become states of the Union-throughout the whole of the public domain. With statehood as the ultimate aim and purpose, the organic acts were consciously framed. ”