Democracy and Liberty. William Edward Hartpole Lecky
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Nations! Mot pompeux pour dire barbarie!
L'amour s'arrête-t-il ou s'arrêtent vos pas?
Déchirez ces drapeaux, une autre voix vous crie:
L'égoïsme et la haine ont seuls une patrie,
La Fraternité n'en a pas
‘La Marseillaise de la Paix’
The conditions of American democracy are essentially different from those of democracy in France, and the effects of this great experiment in government must be profoundly interesting to every serious political inquirer. I have already referred briefly to its character. It would be impossible in a book like the present, it would be presumptuous on the part of a stranger, and after the great works which, in the present generation, have been written on the subject, to attempt to give a full account of the workings of American democracy, but a few salient facts may be gathered which will throw much light upon my present subject.
One of the chief errors of English political writers of the last generation in dealing with this topic arose from their very superficial knowledge of American institutions, which led them to believe that the American Government was generically of the same kind as the Government of England, the chief difference being that a majority of the people could always carry out their will with more prompt, decisive, unrestrained efficiency. The English public have at last, it may be hoped, learned to perceive that this notion is radically false. In England, a simple majority of Parliament is capable, with the assent of the Crown, of carrying out any constitutional change, however revolutionary; and the House of Commons, in practice, has absorbed to itself all the main power in the Constitution. A chance majority, formed out of many different political fractions, acting through different motives, and with different objects, may change fundamentally the Constitution of the country. The Royal veto has become wholly obsolete. The Royal power under all normal circumstances is exercised at the dictation of a ministry which owes its being to the majority of the House of Commons, and if the Crown can occasionally exercise some independent political influence, it can only be in rare and exceptional circumstances, or in indirect and subordinate ways. The House of Lords has, it is true, greater power, and can still, by a suspensive veto, delay great changes until they are directly sanctioned by the constituencies at an election. But after such sanction it is scarcely possible that such changes should be resisted, however narrow may be the majorities in their favour, however doubtful may be the motives by which these majorities were obtained.
In America the position of the House of Representatives is widely different from that of the House of Commons. It is a body in which the ministers do not sit, and which has no power of making or destroying a ministry. It is confronted by a Senate which does not rest on the democratic basis of mere numbers, but which can exercise a much more real restraining power than the House of Lords. It is confronted also by a President who is himself chosen ultimately by manhood suffrage, but in a different way from the House of Representatives, and who exercises an independent power vastly greater than a modern British sovereign. It is, above all, restricted by a written Constitution under the protection of a great, independent law court, which makes it impossible for it to violate contracts, or to infringe any fundamental liberty of the people, or to carry any constitutional change, except when there is the amplest evidence that it is the clear, settled wish of an overwhelming majority of the people. No amendment of the Federal Constitution can be even proposed except by the vote of two-thirds of both Houses of Congress, or of an application from the legislatures of two-thirds of the several States. No amendment of the Federal Constitution can become law unless it is ratified, in three-quarters of the States, by both Houses in the local legislatures, or by conventions specially summoned for that purpose. As a matter of fact, all amendments of the Federal Constitution have been ratified by the State legislatures; none of them have been submitted to conventions.
Changes in the constitutions of the different States may be effected in different ways, but never by a simple majority of a single legislature. In a few States, it is true, such a majority may propose such an amendment; but it always requires ratification, either by a popular vote, or by a subsequent legislature, or by both. In most States majorities of two-thirds or three-fifths are required for the simple proposal of a constitutional amendment, and in a large number of cases majorities of two-thirds, or three-quarters, or three-fifths, are required for the ratification. There is usually, however, a second method provided for revising or amending a State constitution, by means of a convention which is specially called for this purpose, and which proposes changes that must be subsequently ratified by a popular vote.30
The American Constitution, indeed, was framed by men who had for the most part the strongest sense of the dangers of democracy. The school of American thought which was represented in a great degree by Washington and John Adams, and still more emphatically by Gouverneur Morris and Alexander Hamilton; which inspired the Federalist and was embodied in the Federalist party, was utterly opposed to the schools of Rousseau, of Paine, and even of Jefferson, and it has largely guided American policy to the present hour. It did not prevent America from becoming a democracy, but it framed a form of government under which the power of the democracy was broken and divided, restricted to a much smaller sphere, and attended with far less disastrous results than in most European countries. Hamilton, who was probably the greatest political thinker America has produced, was, in the essentials of his political thought, quite as conservative as Burke, and he never concealed his preference for monarchical institutions. Democratic government, he believed, must end in despotism, and be in the meantime destructive to public morality and to the security of private property.31
To the eminent wisdom of the Constitution of 1787 much of the success of American democracy is due; but much also must be attributed to the singularly favourable circumstances under which this great experiment has been tried. A people sprung mainly from an excellent British stock, and inheriting all the best habits and traditions of British constitutional government, found themselves in possession of a territory almost boundless in its extent and its resources, and free from the most serious dangers that menace European nations. The habits of local government, the spirit of compromise and self-reliance, the strong moral basis which Puritanism never fails to establish, were all there, and during a great portion of American history emigration was attended with so many hardships that few men who did not possess more than average energy and resource sought the American shore. At the same time a vast unpopulated, undeveloped country opened limitless paths of adventure, ambition, and lucrative labour, dispersed many peccant humours, attracted and employed much undisciplined and volcanic energy which, in other countries, would have passed into politics and bred grave troubles in the State. The immense preponderance of industrialism in American life is, indeed, one of its most characteristic features, and its influence on politics has been by no means wholly good. It has contributed, with other causes, to place political life on a lower plane, diverting from it the best energies of the country; but it has also furnished great safety-valves for discontented spirits and unregulated ambitions. The country was so situated that it was almost absolutely self-supporting, and had no foreign danger to fear. It might almost dispense with a foreign policy. It required no considerable army or war navy; and it has been able steadily to devote to the maintenance of an excellent system of national