 36. Honesty and Efficiency in Office 451. Magnitude of the Problem How can we ensure the honest and efficient administration of American government? Civic education and the perfection of nomination and election devices will do much towards securing this end, but there remains a troublesome question. This has to do with reorganizing our legislative and administrative machinery so that public officials may be allowed or encouraged to perform their duties in a responsible and effective manner. The problem is a vast one, the adequate treatment of which would require volumes. In this chapter, therefore, it will be necessary to confine the discussion to a few of the more pressing aspects of the problem. Of these are perhaps the more important. First, the defects and legislative procedure. Second, the reorganization of state administration. Third, budget reform. And fourth, the reform of municipal government. A, defects and legislative procedure. 452. American legislatures are overworked. It has frequently been pointed out that in the United States, both state and national legislatures are overwhelmed with work. One reason for this is that the extension of government control over industrial corporations has rendered legislation more complex and greater in volume. The development of public interest in health, education and related fields has, of recent years, markedly increased the amount of legislation. The custom which many legislators have of attempting to get as much special legislation for their respective districts as possible has likewise increased the number of laws upon the statute books. Lastly, it should be borne in mind that throughout our history we have tended to believe legislation a cure-all for the defects of American life. This attitude has led to an excessive number of laws on subjects, which in European countries are ordinarily left to the discretion of administrative officials. The combined effect of these developments has been to confront our legislatures with so much business that honest and efficient legislation has been rendered exceedingly difficult. 453. The committee system. The chief defects of American legislation appear in connection with the committee system, which exists in both national and state legislatures. The committee system is the practice of dividing the legislative body into a large number of small groups or committees whose duty it is to consider various types of legislative business. The great merit of this device is that it expedites business. Indeed, the membership of our legislatures has become so large and the amount of legislative business has increased so rapidly that it is difficult to see how the committee system could be dispensed with. Without some such division of labor, chaos and endless delay would result. At the same time, the committee system has numerous faults. As Lord Bryce has pointed out, it destroys the unity of the legislature by breaking it up into a number of small groups among which there is no appreciable degree of coordination. The committee system limits debate. Since most committee business is transacted in secret session, the public is deprived of light upon public affairs. So minutely does the committee system divide legislative labor that even the most important piece of legislation cannot secure the attention of the best men. There is a diffusion of responsibility when various committees work upon related problems without regard for the work being done by one another. Finally, the committee system throws power unaccompanied by adequate responsibility into the hands of the committee chairman. 454. Log rolling. Log rolling is the trading of votes among individual legislators. Many of the faults of our state and national legislatures are connected with this practice. Some legislators are so intent upon securing the passage of bills in which they are personally interested that they are willing to vote for a fellow legislator's pet bills, regardless of merit, provided that legislator will return the favor. In this way, special legislation often displaces bills which are drawn in a wider interest, taxation, education and other vital matters being neglected so that members may pursue personal ends. There is as yet no limit to the number of bills which may be introduced by state or national legislators. As a result, there is a large number of unnecessary and hastily framed bills for which no one is definitely responsible. It is supposed to be the duty of all legislators to weed out bills which are poorly framed or which are designed to promote special interests. But in this case, everybody's business becomes nobody's business. Such machine-like formalities as repeated readings of a bill and a series of committee reports upon it are generally substituted for individual scrutiny of a measure. 455. Legislative Reform The reform of legislative procedure is attracting an increasing amount of attention among students of American politics. Many recent state constitutions define in detail the powers and procedure of the state legislature. A considerable number of states now have legislative reference bureaus which enable legislators to keep track of legislation in other states as well as to have ready access to important data bearing upon their own problems. There is a growing tendency for state legislatures to employ expert bill trafters to draw up laws on technical and highly complex subjects. The expert bill drafter and the legislative bureau help materially to reduce the amount of defective and unwise legislation on the statute books. Much remains to be done, however. Important public bills ought invariably to be given first consideration by legislators, instead of, as is still many times the case, being put off until the end of the session in order to allow time for log rolling. Filibustering and other time-wasting tactics should be curved because they tend to obstruct legislation. Many students of government advocate the extension of a plan already adopted in Massachusetts and a few other states, whereby all bills are given a public hearing. It is also clear that some method ought to be devised whereby the work of the various committees dealing with related subjects could be correlated and harmonized. Lastly, any measures which will reduce the amount of unnecessary and ill-advised legislation must prove of great value. Originally, the state administration consisted of the governor and a few elective officers, notably a secretary of state, a treasurer, and an attorney general. With the rapid development of the country, education, health, dependency, corporations, and similar matters have required more and more attention from state governments. To perform a host of new functions, the state administration has expanded to include numerous commissioners, boards, departments, some of them elected by the people, and some of them appointed by the governor. This development has been half-hazard, rather than orderly and planned. As a result, the administrative department is, in most states, a confused and tangled mass of boards and commissions, departments and single offices, often duplicating the work of one another and largely working without any appreciable degree of coordination. In most states, numerous administrative officers are elective rather than appointive. The situation has two drawbacks. In the first place, elective officials are responsible to no one but the people at large, and, therefore, these officials cannot be efficiently directed or supervised by the governor. In the second place, no definite person or persons can be held responsible for the conduct of this numerous body of elective administrative officials. 457. The Reform of State Administration The reorganization and consolidation of state administrative offices is attracting an increasing amount of attention. In New Jersey, Massachusetts, Illinois and several other states, administration has been notably simplified and systematized. The Illinois Administrative Code of 1917, for example, consolidated the work of more than a hundred administrative offices into nine main departments. Each department is in charge of a director appointed by the governor, and each department is responsible to the governor. Coordination of this type economizes time and energy and saves the state's money by reducing the number of salaried officials. The centralization of the entire administration under the governor not only allows efficient supervision, but permits the people to hold this official strictly accountable for the administration. The need of reform in state administration is recognized throughout the union, but in most states, the reorganization of administrative offices is retargeted in two ways. First, the movement is opposed by office holders who fear that their positions will be abolished by a consolidation of departments. Second, in many states, the consolidation of administrative offices is impossible without substantial amendments to the state constitution. C. Budget Reform 458. The question of a budget In contrast to the leading countries of Europe, our national government, until very recently, had no budget system. Some of the estimates were prepared by the administrative departments under the direction of the president, while other estimates were prepared by various committees in the House of Representatives. In Congress, there was little or no coordination between the various committees considering different appropriations, nor were these committees properly coordinated with the administrative departments which were responsible for the original estimates. After appropriations had been granted, Congress had no scrutiny over the actual expenditure of the money. Thus, the administrative departments might waste their appropriations and then secure the passage of deficiency bills to make up the shortage. At no time did the various departments and committees considering appropriations take into careful account the amount of government revenue. For this reason, it was purely an accident if appropriations kept within the limits set by available revenue. A similar situation formally prevailed in many of the states. The various administrative departments transmitted to the legislature an estimate of what each required for the coming year. These estimates, together with an unlimited number of appropriation bills introduced by individual members, were referred to various committees. Whether particular appropriations were granted depended not upon the amount of state revenue, but upon the political pressure brought to bear in favor of those measures. As in Congress, neither the executive nor the legislative branch of government, neither particular committees nor individual legislators, could be held wholly responsible for any appropriation measure. Excessive waste of public funds was the result. 459. Budget Reform The last two decades have witnessed a growing demand for a national budget. Under the direction of President Taft, a commission investigated the general question of responsibility in the handling of federal finances. The report of the committee favored a national budget, but the unfriendly attitude of Congress checked the movement. Interest in a national budget increased during the two terms of President Wilson, stimulated especially by the wave of post-war economy, which swept the country after the signing of the armistice in November 1918. In the spring of 1921, a bill establishing a budget system for the national government passed both houses of Congress. And on June 10, 1921, the bill became law by the signature of President Harding. This system is expected markedly to improve federal finances. Practically unknown a few years ago, the budget movement among the states has spread so rapidly that at the present time, almost all of the commonwealths have some sort of budget system. Three methods of preparing the budget are found among the several states. In some states, as in New York, budget making is in the hands of the legislature. In other states, as in Wisconsin, both legislature and executive participate in budget making. In still other states, as in Illinois, the executive alone is responsible for the preparation of the budget. Many authorities claim that the last named type of a budget preparation is preferable, but in many states it is objected to as giving too much power to the executive. D, the reform of municipal government. 460, municipal reform. Changes in the mayor council plan. Until the opening of the 20th century, practically every American city was governed under what is known as the mayor council plan. This plan provides for a council to make the laws and a mayor to act as executive. Formerly, the council of the larger cities was very often composed of two chambers. A board of aldermen and a common council, but of late years the single chambered council has become more and more common. The mayor council plan still prevails in most American cities, particularly in the large municipalities, but everywhere the growing demand for honesty and efficiency in government is leading to the reform of the system. In order to reduce the length of the ballot, the appointive power of the mayor is being increased. In the interests of economy and responsibility, the administrative offices are in many cities being consolidated, coordinated, and centralized under the mayor. To guard against the abuse of financial power, there is in many commonwealths a tendency for state constitutions and statutes to limit the debt incurring and franchise granting powers of city councils. 461 municipal reform, the commission plan. In September 1900, a tidal wave seriously demoralized the mayor council form of government in Galveston, Texas. To meet the emergency, the state legislature authorized the establishment of a new type of government known as the commission plan. Instead of selecting a mayor and councilman, the voters of Galveston now choose a commission of five officials. All of these commissioners are equal in power, except that one presides as mayor president. The commission form of government spread rapidly, chiefly among the smaller cities. Until in 1921, there were more than 300 municipalities governed under this plan. In every case, the commission has both legislative and executive powers. Collectively, the commissioners act as a legislative body for the city. Individually, they head the various administrative departments. A number of important advantages are claimed for the commission form of city government. Responsibility is no longer divided among mayor and councilmen, but can definitely be placed upon the small group of commissioners. It is believed by many that commission government allows a greater harmony of action than is possible under the mayor council plan. Finally, it is declared a group of five or seven commissioners can administer city government with more efficiency than can a mayor and a numerous council. The opponents of commission government maintain, on the other hand, that the plan is undemocratic and oligarchial because it centralizes great power in the hands of a small group. The plan is said to increase the danger of corruption since appropriating and spending powers are placed in the same hands. The opponents of this form of government also maintain that it renders easier the corruption of the city administration since party bosses may easily gain control of a few commissioners. A final and perhaps the most serious objection is that commission government does not go to the logical conclusion in concentrating responsibility. There is no head to the administration in no way of preventing the diffusion of responsibility among the commissioners. Jealousy among the commissioners has often led to friction and to working at cross purposes. Footnote of recent years a number of cities have abandoned commission government for either the mayor council or the city manager plan. 462 municipal reform the city manager plan. A recent modification of commission government is the city manager plan. This provides for a small elective commission which does not itself administer the government of the city but which chooses instead an experienced executive or city manager. The city manager is supposed to be a non-partesian except whose duty it is to administer the city in accordance with business principles. As the agent of the commission choosing him the city manager enforces all ordinances prepares annual estimates and appoints all other city officials and employees he also accepts full responsibility for the administration of the city's affairs. The first city to apply to the city manager plan was Dayton Ohio which began the experiment on January 1st 1914. Since that date the plan or some variation of it has been established in about a hundred cities. The city manager plan is an improvement over the commission plan in that it allows a greater concentration of responsibility. Another advantage over commission government is that the city manager plan ensures a high grade of professional skill at the apex of the city's administration. The plan appears to work well in the smaller cities provided a high grade manager can be found and provided also that his position can be safeguarded against corrupting political influences. End of chapter 36 chapter 37 the extension of popular control 463 basis of popular control. The fact that our government is a representative democracy entitles the voters to choose direct and control the public officials who act for the people at large. We have discussed a few of the methods whereby the nomination and election machinery might be improved. We must now go a step further and examine the means by which office holders may be controlled. Supposedly officials are chosen because the people believe them able and willing to discharge public duties with honesty and efficiency but after officials have taken office it may develop that they have secured their positions by unfair means or that they are dishonest or that they are inefficient or otherwise unsatisfactory. Wherever it develops that office holders no longer meet with the approval of the people truly representative government is impossible unless some method of effective popular control is found. A. Indirect methods of control 464 refusal to reelect If the voters are dissatisfied with the conduct of their representatives they may express their disapproval by refusing to reelect those representatives. This affects a measure of control even though it is negative and not immediate. 465 removal by the appointive authority If satisfaction is not rendered by subordinate administrative officials who have secured office through appointment such officials may be removed from office by the authority appointing them. The power of the president governor or mayor to appoint generally carries with it the power to remove from office. Such removal may be on the initiative of the appointing authority or it may be in response to a popular demand. From the standpoint of the voters at large however this method of removal is indirect and often ineffective. 466 impeachment Unsatisfactory officials are sometimes removed by the impeachment process in the various states either a part or the whole of the legislature may sit as a court of impeachment for the trial of certain important officials accused of serious crime. In the national government the House of Representatives may initiate impeachment proceedings against the president, vice president, and all other civil officers of the United States. In such cases the Senate acts as a court of trial yet as a method of popular control impeachment is unsatisfactory it is indirect since a part or the whole of the legislature acts for the people it is slow and cumbersome it does not extend over the entire list of public officials nor over the entire range of offenses. 467 control through the amending process The powers and duties of public officials may be partially controlled through the formal amending process. In all states except New Hampshire the Constitution may be amended through legislative action subsequently ratified by popular vote. About two-thirds of the states also provide for amendment by a constitutional convention composed of delegates elected by the voters. In a number of states as we shall see a little later constitutional amendment may also be secured by means of the initiative and referendum. The federal constitution may be formally amended in four different ways. The two most important methods are first by a two-thirds vote in each House of Congress and second by a convention called by Congress upon application of the legislatures of two-thirds of the states. In either case the amendment must be ratified by the legislatures of three-fourths of the states. The formal amending process is an important part of our governmental machinery but as a method of popular control it is open to a number of criticisms. It is slow it is indirect for the people must rely chiefly upon their legislatures. Constitutional amendment cannot remedy all of the abuses of office. Furthermore it is too drastic and far-reaching a remedy for many of the minor abuses of office. Fourth direct methods of control 468 the initiative and more than a third of the states popular discontent with the state legislature together with the growing self-confidence of the voters has led to the adoption of the initiative. The initiative is a device whereby any person or group of persons may draft a statute and on securing the signatures of a certain percentage of the voters compel the state officials to submit the measure to popular vote. If at this voting the measure secures the required popular approval it becomes law. When the measure is submitted to the voters directly after the fulfillment of the petition requirements the device is known as the direct initiative. When after passing the petition stage the measure goes to the legislature and does not come before the people at the polls unless the legislature fails to accept it the device is known as the indirect initiative. In a dozen states chiefly in the west the initiative is also used to propose amendments to the state constitution. 469 the referendum early in our national history it became an established principle that proposed constitutions or constitutional amendments should be referred to the voters for ratification. Of recent years about a third of the states chiefly in the west have extended the referendum device to cover ordinary legislation. This type of referendum may be defined as a plan whereby a small percentage of the voters may demand that practically any statute passed by the legislature must be submitted to the voters and approved by a specified majority before going into effect. Footnote a few types of laws are not subject to the referendum and a footnote. The referendum is variously applied in the compulsory referendum which is the most common form. A measure must be submitted to the people whenever a designated number of voters petition that this step be taken. The optional referendum allows the state legislature to decide whether or not an enacted measure should be submitted to the people. The statutory referendum applies only to proposed statutes while the constitutional referendum is limited to propose amendments to the state constitution. 470 direct legislation. The initiative and referendum are found together in more than a dozen states. The two devices are supplementary. The initiative is a positive instrument which may be used to set the wheels of direct legislation in motion. The referendum is a negative measure which gives the people a potential veto on laws passed by the legislature. The initiative and the referendum are known collectively as direct legislation that is legislation directly by the people as opposed to legislation enacted entirely through the legislature. 471 advantages claimed for direct legislation. Important advantages are claimed for direct legislation. It is declared that the initiative and referendum keep lawmaking from being dominated by special interests. Because it constitutes a check upon constitutional conventions and state legislatures, direct legislation is said to make government more truly responsive to public opinion. It is claimed that direct legislation does not supplant but rather supplements, improves, and renders more democratic the formal legislative machinery. In several states, and especially in Oregon, it is claimed that the device stimulates political interest on the part of the voters. In Oregon, the authorities print a pamphlet containing a statement of proposed laws and summarizing the arguments of both advocates and opponents of each measure. Some weeks before the measure is to be decided at the polls, this pamphlet is sent at public expense to every registered voter in the state. 472 objectives urged against direct legislation. Critics of the initiative and the referendum maintain that direct legislation has many serious defects. It is declared that by breaking down and weakening the state legislature, this type of legislation threatens the integrity of the framework of government established by the state constitution. It is pointed out that direct legislation shifts lawmaking from a definite group, the state legislature, to a large and indefinite group of persons, the voters as a class, upon whom responsibility cannot be fixed. By robbing the legislature of power and responsibility, the initiative and referendum are said to degrade rather than to improve that body. The best class of men is not attracted to a legislature which has been shorn of dignity and influence, and if the people rely upon the initiative and referendum, the voters deem it less necessary to choose honest, capable legislatures. It is also maintained that the initiative and referendum do not promote independence of political fault, since only a mechanical yes or no is demanded of the voters. In all states where direct legislation is applied, it is said so few persons actually vote that legislation is really determined by a small minority of the voters. Again, the ease with which the initiative and referendum may be set in motion allows so many measures to be brought before the people that they cannot vote upon them intelligently. It is also said that the direct legislation is primarily the instrument of the propagandist, because in many cases, cranks and professional agitators monopolize the privilege of circulating petitions. A serious defect of direct legislation is that the drafting of many laws requires detailed and technical information, which the average voter is in no position to secure. In several states, notably in Maine, the recognition of this difficulty has led to the adoption of a modified initiative. According to this plan, the state legislature may examine any measure proposed by the voters, enact an alternative measure of its own, and submit both to popular approval. The voters decide between the two. The difficulty with this plan is that it is not only expensive, but that by doubling the number of measures to be weighed and studied, it imposes an added burden upon the voter at the polls. The recall is a device whereby certain elective officials who have not given satisfaction in office may be required to stand for re-election before the end of their terms. The recall is set in motion when a petition has been duly signed by a specified percentage of the voters, usually at least 25%. The recall cannot be employed until the official in question has been in office a specified period, so that he shall have had an opportunity to give satisfaction before being subject to recall. Accused officials may forestall the recall by resigning when a petition is launched against them. Otherwise, they must stand for re-election. The ballot, which goes to the people, contains in brief the objections to the official and, in some states, also the reply of the accused office holder. If defeated at the polls, the accused official must retire from office. If vindicated, he continues in office during the remainder of his term. The principle of the recall was recognized in American state government before the end of the 18th century, but in its present application, it is much younger. In its modern form, the recall was first used in 1903, when the city of Los Angeles applied it to elective municipal officials. Five years later, Oregon adopted it for all state officers, and since 1908, it has spread to a number of other states, most of them in the western part of the country. The recall has been used chiefly against city officials, though in several states, it may be applied to a majority of both local and state officials. In Oregon, California, Arizona, Colorado, and Nevada, the recall may also be used against judges. 474. Arguments for the recall Those favoring the recall maintain that it is the natural and legitimate expression of the right to remove unsatisfactory officials. It is pointed out that the recall permits longer terms for elective officials, for if the voters know that they can use the recall to remove officials who prove unsatisfactory, they will feel safe in electing those officials for relatively long terms. By reducing the number of elections, the device lightens the burdens of the voter. The recall is said to be a wholesome reminder of pre-election promises. It is also maintained that since recall is a threat, it encourages office holders to be honest and efficient. 475. Objections urged against the recall In answer to the above arguments, the opponents of the recall claim that the device encourages officials to curry popular favor, regardless of public duty. It may also place officials at the mercy of popular passion and caprice. When it is applied to judges, the recall threatens the integrity and independence of a branch of government which ought to be removed from popular clamor and prejudice. This last is a serious objection, for it may happen that judges subject to the recall will hesitate to hand down decisions that may prove unpopular, however just those decisions may be. For this reason, the extension of the recall to judges is being strongly resisted. Even the most ardent advocates of the device are beginning to admit that the recall is more applicable to administrative officials than to judges. 476. Status of the recall A satisfactory decision upon the merits of the recall is difficult because it is so recent a development and still so little used that few data are available. The statewide recall has been in existence for a number of years, yet few state officials have been removed by it. Los Angeles used the recall to unseat the mayor in 1904 and in 1909 and in 1911 the device was used against the mayor of Seattle. But the recall is primarily a threat and is rarely used. In view of this fact, the arguments for and against the device rest upon theory rather than upon actual experience. The recall has great possibilities for good if wisely administered, but it may become an evil influence of carelessly or revengefully used. 477. Significance of Popular Control The development of the initiative, the referendum, and the recall indicates a growing impatience with the abuses of party power, the evils of the long ballot, and the corruption and inefficiency of many legislative bodies. It is significant that direct popular control has accompanied the widespread movement to reform municipal government and that it is playing an increasingly important part in the movement to reform state administration. Up to the present time, the initiative, the referendum, and the recall have been confined chiefly to the west, where political problems are less acute than in the east, and where, too, the tendency toward direct participation in government has always been marked. Nevertheless, there is some indication that the future will see an extension of direct popular control, not only in the west, but also in other parts of the country. Whether or not this extension is desirable, we cannot now say, but certainly it is an interesting and important development, and one demanding careful study and mature deliberation on the part of those who seek to make American government highly effective. End of chapter 37. Chapter 38 of Problems in American Democracy. This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. This reading by Allison Hester of Athens, Georgia. Problems in American Democracy by Times Williamson. Chapter 38. Public Opinion. 478. The Nature of Public Opinion. One of the most powerful influences in any community is that intangible something which we call public opinion, though everyone is familiar with it. The term public opinion is difficult to define. Public opinion is intimately connected with the opinion of the individual, and yet is something more than a mere total of individual options. Every man has a set of opinions or beliefs which are characteristic of his native instincts, his home training, and other influences which have helped mold his personality. Wherever individuals associate, the opinions of each person affect and are affected by the opinions of his fellows. As the result of this interaction, we think of public opinion as being made up of a number of different currents, each embodying a view, a belief, or a doctrine. Where many individuals support a given view with moderate intensity or where a small group feels very intensely upon a given topic, we say that public opinion has formed. Public opinion may be defined as a definite focus of individual opinions which are either numerous or intense enough to constitute a recognizable force and to exert a noticeable influence upon the life of the community. 479. Public Opinion and Law. It is characteristic of the human mind that we perceive concrete and tangible things more easily than we understand abstract and intangible forces. Law is a definite, concrete, almost tangible thing. We perceive its outlines, recognize its various forms, and understand its nature and significance. But it is less easy to understand that law may be only a symptom of public opinion, only the concrete expression of intangible community sentiment. There is an interaction between law and public opinion, but the latter is the more fundamental and the more powerful. Public opinion, which is vigorous and well organized, may force the enactment of law. On the other hand, a law which runs counter to the prevailing state of public opinion may cease to be effective because individuals will not cooperate in enforcing it. Law half leads, half follows public opinion, and when legislators are skilled in discerning and influencing the mental attitudes of the people, law and public opinion pretty well keep pace with one another. 480. Public Opinion in a Democracy. The beliefs and opinions of the masses have been an important force even in the most absolute of monarchies. In representative democracies, public opinion is even more important. Under a democratic form of government, the attitude of the masses tends to be one of inquiry, self-confidence, and self-expression upon public questions. Lord Bryce has pointed out that because democracy permits and encourages freedom of discussion, public opinion in a country like the United States becomes much more powerful than in a less democratic country. And not only is public opinion more powerful in a democracy, but democracy is impossible without the regular exercise of a well-informed and sensible opinion by the majority of its citizens. Democracy emphasizes government by the people rather than government of the people. Thus, if genuine democracy is to be developed and sustained, the people must cultivate an attitude of constant vigilance against civic indifference. Nominations and elections are focal periods in government, but government is a continuous obligation which requires constant rather than intermittent attention. Where civic interest is neither strong nor consistent, the virtues of democracy may be diffused in blind and leaderless wanderings. 481. Development of Public Opinion. Even though never definitely focused or expressed, the vague beliefs, fancies and prejudices of individuals may influence public affairs by causing community leaders to feel that the people will or will not tolerate a contemplated line of action. But the influence exerted will be much greater if the opinions of the individual are definite. And if there is some method of clarifying, coordinating, and expressing the opinions of groups of individuals upon a given subject, if the opinions of the individual are to be definite and concrete, he must habitually come in contact with forceful persons and institutions. If the opinions of various individuals are to be coordinated and expressed, there must be either physical contiguity among people or else adequate means of transportation and communication. We may now consider a few of the forces which serve to make definite and to organize the opinions of individuals. 482. The Home. Certainly no institution exerts a more powerful influence upon the beliefs and opinions of the individual than the home. Our basic ideals and traditions pass from generation to generation through the continuity of the family life. During the plastic and impressionable period of infancy, the child is constantly under the influence of the parents. At first, fashioned largely by the parents, the beliefs and sentiments of the growing child are later modified by contact with other family members. When children go out to the school, the church, or the workshop, beliefs and attitudes encountered outside the home are weighed in the light of family teachings. When young men and women make homes of their own, they in turn imprint upon their children a complex of tradition and opinion, which is the compromise result of their own family training modified by influences later encountered outside the family circle. 483. The School. Supplementing and in some respects, supplanting the influence of the home is the influence of the school. While still in the plastic stage, the child is given over to the molding influences of teacher and fellow students. New contacts are made, new opinions are encountered, new avenues of thought and action are opened to the young and growing mind. Of recent years, the tendency of the school to identify itself more closely with the practical life of the community is increasing the power and influence of that institution. The school is proving a genuine means of transition between the relatively localized influence of the home and the more widely diffused influences of the community. 484. The Church. Closely related to the school as a determinant of opinion is the church. In the early stages of social development, the home was equally the center of intellectual and religious life, but in recent times the church and the school have become separate, though related institutions. The child spends more time in school than in the company of religious instructors other than his parents, but affiliation with the church often continues throughout the life of the individual while the average child leaves school at a relatively early age. From the standpoint of public opinion, the primary importance of the church is that it exerts a powerful influence upon the ideals and conduct of both young and old. And as in the case of the school, this influence is being deepened by the increasingly close connection between the church and the practical life of the community. 485. The Theater. The theater has always been a vital influence in man's aesthetic and emotional life. Drama, opera, comedy, and burlesque are variant forms, but they are alike in that they influence the audience. In the last decade, the moving picture has greatly increased the power and influence of the theater. The low price of the moving picture brings the theater to millions who were formally excluded from any appreciable degree of theatrical entertainment. The daily moving picture attendance of 10 million people, the stimulating effect of music, the strong emotional appeal, the tender age of many of the audience, and the growing use of the moving picture as propaganda, all combined to make the film a powerful factor in the formation of public opinion. 486. The Press. The Press is the nervous system of the nation, supplemented by other means of communication and aided by agencies of transportation. The Press coordinates individuals not physically contiguous and thus enables them to act and concert. It lets everybody know what everybody else is thinking, or at least what they are supposed to be thinking. The forms of the printed page are infinitely various. Daily papers, weeklies, monthlies, pamphlets, and books. All of these are increasingly numerous. Statesmen, teachers, reformers, propagandists, and professional writers combine to turn out tons of printed matter a day. Pictures, jokes, contests, and stories are resorted to for the purpose of attracting attention. Editorials, advertisements, and news articles are among the vehicles of expression used. Printed matter does not wait for the individual to seek it out, but instead it goes to him. In various forms, it encounters him in the street, stares at him from shop windows and billboards, forces itself upon his attention in the streetcars, and knocks at the door of his private dwelling. In all its forms it should be remembered the dominant aim of the printed page is to influence the individual to cause him to do something or to refrain from doing something. 487. Growing Importance of Public Opinion Despite the volume of European immigration to this country, American ideals and institutions are rendering our population more and more homogenous, and thus more open to unifying influences. The increasing ease of transportation and communication is everywhere making isolation more difficult. Not only are the school, the church, the press, and the theater widening in scope and increase in influence, but new forms of expression are developing. There is a growing number of private organizations advocating social, economic, or political reforms. The popularization of psychology has encouraged the rise of innumerable forms of propaganda designed to influence the opinions of the community and the nation. Occupational and social groups are everywhere organizing, clarifying their opinions, and expressing the common principles and effort to influence the public mind. All of these factors combine to increase the importance of public opinion in present-day American life. 488. Dangers of Unregulated Public Opinion The growing power of public opinion brings with it increased possibilities for good, but also increased possibilities for evil. In an important sense, this is the age of the propagandists, the crank reformer, and the subsidized newspaper, the age of the agitator who spreads lies through anonymous letters, unsigned posters, and irresponsible whisperings. The individual must be constantly on his guard against this flood. He must recognize that public opinion is often capricious, and that a sudden hysteria may inflict untold injury. The morality of a mob is inferior to the morality of the individuals composing the mob, because in a mob, the sense of power is dominant and the sense of responsibility is suppressed. Properly speaking, a mob depends upon physical contiguity, but the coordinating influence of rapid transportation and communication may create a mob spirit between individuals, not physically in contact. When propaganda lashes into a passion, groups of people in widely separated areas, democracy becomes the most dangerous of all forms of government. There is no sure hand upon the helm. The people in control, in a burst of passion, they may lay waste to the social heritage of the centuries. 489. Freedom a partial safeguard against unsound public opinion While democracy facilitates the creation of the mob spirit, it likewise carries within itself at least a partial remedy for unsound public opinion. Men's opinions are infinitely various, the same community that produces the fanatic or the impractical idealist generally produces sensible and practical men as well. In politics, men everywhere tend to divide into a radical group and a conservative group between which control of the government oscillates. Where freedom of expression is permitted, the existence of these two antagonistic camps is automatically a safeguard of the public welfare. Any one of a number of groups of people might ruin the country if left to themselves, but they are not left to themselves. Their opponents are constantly criticizing and checking them. When cranks launch propaganda, the conservative critics launch counter propaganda. When special interests attempt to influence the public mind, public-spirited individuals or organizations force both sides of the question before the public. When public officials neglect their duties, a thousand discerning men are ready to shout the fact from the house tops. Though the majority party secures control of government, the minority is never idle. Rather, it is constantly watching, waiting, marshaling opinion against the majority, calling public attention to the mistakes of their opponents, and agitating for a change of administration. 490. The Guidance of Public Opinion Let us briefly consider the question of guiding or directing the formulation of sound public opinion. In a free country, such guidance may sometimes prove dangerous, and yet careful direction of the formulation of public opinion is justified by two facts. First, the formulation of sound opinion is retarded by the great difficulty of securing adequate information on the great problems of modern civilization. Here, the individual needs some help. Second, everyone who can distinguish between license and liberty must agree that we should limit influence of individuals and institutions which suppress minority opinion and distort facts in the effort to pervert public opinion. These considerations suggest two distinct lines of action. First, we can aid in the formulation of sound opinion by making it easier for the individual to secure data and information on current topics. The extension and perfection of the postal service, the improvement of our system of transportation, the spread of the school and library, and possibly the free distribution of literature dealing with the nature and functions of government. These and similar measures would prove helpful. Second, law and moral education ought to cooperate in suppressing influences which seek deliberately to poison or pervert the public mind. Free speech is a priceless element in democracy, but just as we must harmonize individual liberty with the interests of the group, so we must prevent the use of free speech for criminal purposes. Especially ought to press and the school be encouraged to give both sides of debatable questions. Every agency dealing with the issues of American life, indeed ought to be careful not to distort those issues by suppressing or misusing facts. Above all, we must be careful not to pander to low ideals by emphasizing the negative and destructive side of our problems. 491 Responsibility of the Individual A progressive civilization confers more and more benefits upon the individual, but his duties and responsibilities increase with equal speed. As Theodore Roosevelt once said, It is not difficult to be virtuous in a cloistered and negative way, but honestly and effectively to fulfill the obligations of citizenship in a complex society is less easy. And yet the need of individual responsibility is infinitely greater in a modern community than among the members of an isolated and self-sufficient group. When small isolated villages were the dominant form of American settlement, the laxness of one group did not vitally affect the welfare of other groups. But so entwined are the present day citizens of the United States that the acts of one individual may vitally affect the national well-being. The carelessness of a food canner on the Pacific coast may cost the life of a family on the Atlantic seabird. A swindle originating in the East may demoralize individuals throughout the country. The obligations of citizenship have become national as well as local in thought and in action. The individual must function not only in terms of his locality, but in terms of the nation as well. 492 The power of the individual Measuring himself against more than a hundred million of his fellows, the average American citizen is likely to be overpowered by the apparent futility and powerlessness of his personal opinions. And yet the power of the nation is only the result of the combined influences of its individual citizens. All power is with the individual. However much the absolute monarchy may have suppressed the individual, in a democracy he can become a vital force in government. We are too fond of taking censuses on the one hand and of deferring to governmental mechanisms on the other. The individual is master of his fate and he is the ultimate determinant of government. If government is sound, the misbehavior of the individual can ruin it. If government is defective, the assumption of responsibility by the individual must ultimately reform it. We do not need a foolproof government half as much as we need active, responsible individuals to run the government we already have. How long will American democracy last? A European statesman once asked. Just so long the answer might have been, as Americans honestly and intelligently grapple with the problems confronting them, holding themselves individually responsible for the conduct of government and seeking consistently to exert an influence upon their community life which shall be constructive and inspirational. Problems in American Democracy by Times-Williamson Chapter 39 The Federal System of Government A. Background of the Federal Constitution Footnote For a fuller discussion of the background of the Federal Constitution C. Chapters 2 and 3 End of Footnote 493 Colonial Governments It is possible to classify the American colonies as charter, royal, and proprietary and to point out important differences between these three types. But these differences fade in importance before the broad and fundamental similarities existing among the colonies. Just as there was among the colonies a substantial unity of race, language, and religion, so there was a basic similarity in political institutions. All of the colonies were under relatively the same degree of control by England and consequently all of them had much the same degree of freedom in managing their own affairs. In each colony a governor acted as chief executive. In each colony likewise there was a legislature. In most of the colonies this legislature consisted of two houses, the lower of which was elected by the people. Colonial jurisprudence everywhere grounded upon the common law of England. In each colony there was a system of courts largely following English judicial procedure. In local government there was a good deal of variation among the colonies, but everywhere the English model was followed and everywhere the principle of local autonomy was asserted and championed. For 94 early attempts at union. These fundamental similarities together with the rise of common problems and the pressure of outside enemies encouraged federation among the colonies. A notable attempt at union was made in 1643 when Massachusetts Bay, Plymouth, Connecticut, and New Haven united in a league of friendship primarily for mutual defense against the Indians. This league rendered effective service during the 40 years of its life. In 1754 delegates from seven colonies met at Albany and adopted a plan of union proposed by Benjamin Franklin. The project was never carried through but it is significant as indicating the trend toward union. Still later, 1765, the Stamp Act Congress showed that the delegates of at least nine colonies could join in a protest against England's taxation policy. The two continental congresses may also be considered as steps toward union. The first of these, 1774, concerned itself chiefly with a declaration of rights and grievances, but the second, 1775 to 1781, went so far as to assume an exercise, revolutionary powers. For 95, the Articles of Confederation. Impelled by the necessity of a united front against England, the second continental congress sought to give force to the Declaration of Independence by drawing up a comprehensive plan of union. This plan embodied in the Articles of Confederation was put into operation on March 1, 1781. The new government was a confederation or league of states rather than a federal government such as we have today. The states gave up such important powers as the right to declare war and the right to borrow and coin money, but the Articles specifically declared that each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right which is not by this federation delegated to the United States and Congress assembled. The confederation government was seriously defective. There was no national executive and no judiciary. All authority was concentrated in a one chambered congress, the delegates to which were entirely under the control of the state legislatures which chose them. The central government had no real authority or power. Its congress could reach the individual only through the action of the state governments and these it could not coerce. The confederation government managed to carry the states through the last two years of the war and then declined rapidly in power and influence. The congress could not force the states to cooperate with one another in matters of national interest. The inability of the central government, either to pay the interest on the national debt or to force the states to observe treaties which were made with foreign powers, cost us the respect of Europe. We were bullied by England, writes John Fisk of this period, insulted by France and looked a scance at in Holland. The defects of the Articles could not be remedied for amendment was by unanimous consent only and on every occasion that an amendment was proposed one or more states refused their assent. By 1786 it was the conviction of most American statesmen that if the country were to be saved from anarchy and ruin the central government would have to be reorganized. For 96 the constitutional convention of 1787 in May 1787 delegates from every state except Rhode Island came together in Philadelphia to consider quote means necessary to render the constitution of the federal government adequate to the exigencies of the Union end quote early in the session Edmund Randolph introduced what has been called the Virginia plan. This called for an abandonment of the Articles of Confederation and demanded the establishment of a strong national government. The Virginia plan favored the larger and more populous states by providing a national Congress of two houses in both of which representation was to be on the basis of population of the several other plans put before the convention. The most notable was that proposed by William Patterson of New Jersey. The adherents of this plan wish to retain the Articles of Confederation. The articles were to be revised so as to give greater powers to the central government but in most practical concerns the states were to continue sovereign. The New Jersey plan opposed the idea of a two chambered legislature in which the states were to be represented on the basis of population. If representation in both houses of Congress were on the basis of population it was declared the larger and more populous states would be able to dominate the national government and the rights of the smaller states would be inadequately safeguarded. After a long debate a compromise plan was adopted. It was agreed that there should be established a strong national government but one sufficiently checked by constitutional provisions to safeguard the rights of the states. The national legislature was to consist of two houses. In the upper house the states were to be represented equally while in the lower chamber representation was to be on the basis of population. 497 the new government. The convention completed the constitution on September 17th 1787 and the document was immediately placed before the states. By the summer of 1788 the necessary number of states had ratified the constitution and on April 30th 1789 the new government was put to work under George Washington as first president. The English statesman Gladstone has implied that our constitution was an original creation quote struck off at a given time by the brain and purpose of man end quote but as a matter of fact the constitution was not so much the result of political originality as it was a careful selection from British and colonial experience. The trial of the confederation government had proved especially valuable and in drawing up the federal constitution the members of the constitutional convention were careful to avoid the defects of the articles of confederation. The most fundamental difference between the confederation government and the new federal government was that the federal constitution provided for an adequate executive and judiciary to enforce the federal laws directly upon the individual. The confederation government it will be remembered had been obliged to rely upon the states for the enforcement of all laws. B framework of the federal government 498 the theory of limited government the new constitution created a system of federal government which retained the advantages of local self-government for the states but at the same time secures the strength which results from union the government of the united states is a compromise between centralization and decentralization the balance between these two extremes being maintained by a rather elaborate system of checks balances and limitations these checks balances and limitations we may consider under five heads first private rights under the federal constitution second the three-fold division of powers and the federal government third the division of powers between federal and state governments fourth interstate relations and fifth the supremacy of federal law 499 private rights under the federal constitution the constitutional limitations upon the federal government in behalf of private rights fall into two groups those designed to protect personal liberty footnote some of the limitations in favor of personal liberty enumerated in this section are contained in the first ten amendments to the constitution adopted in a body in 1791 in the footnote and those designed to protect property rights and many important particulars the federal constitution protects personal liberty against arbitrary interference on the part of the national government congress may pass no law establishing or prohibiting any religion or abridging either freedom of speech or freedom of the press the right of people peaceably to assemble and petition the government for a redress of grievances shall not be denied the privilege of the writ of habeas corpus shall not be suspended congress may not define treason neither bills of attainder nor expo facto legislation may be passed by congress jury trial fair bail and freedom from both excessive fines and cruel and unusual punishments are guaranteed by the constitution neither life liberty nor property may be taken without due process of law the federal constitution likewise protects the property rights of the individual against federal aggression the state governments alone may define property congress may not tax articles which are exported from any state all direct taxes must be apportioned according to population footnote the 16th amendment exempts the income tax from this rule end the footnote all duties in posts and excises must be uniform that is they must fall upon the same article with the same weight wherever found under the right of imminent domain the federal government may take private property for public use but in such a case the owner must be fairly compensated 500 threefold division of powers in the federal government a second distinctive feature of our system of government is that federal authority is distributed among three distinct branches the executive the legislative and the judicial this is part of the general system of checks and balances by means of which the framers of the constitution sought to prevent any branch or division of government from securing undue control of the governmental machinery the basic merit of this threefold division of powers is that it safeguards each branch of government against aggression from the other two branches and yet this division of powers is by no means so complete that the three branches do not work together for example both the appointive and the treaty making powers of the president are shared by the senate the president shares in legislation through his veto power as well as through his right to send messages to congress the senate has the right to impeach all civil officers of the united states and may even exert some control over the supreme court through its right to prescribe the number of its judges and the amount of their salaries the judiciary on the other hand enjoys the unique power of passing upon the constitutionality of the acts of the other two branches of government 501 division of powers between federal and state governments another feature of the check and balance system is that authority is divided between federal and state governments the 10th amendment declares that quote the powers not delegated to the united states by the constitution nor prohibited by it to the states are reserved to the states end quote thus we speak of the national government as enjoying delegated or enumerated powers while the state governments have residual or unenumerated powers the federal government must show some specific or implied grant of power for everything that it does but state governments need only show that the federal constitution does not prohibit them from doing whatever they see fit this division of powers between federal and state governments has several distinct advantages for example it allows federal and state governments to act as a check upon one another furthermore the device admirably divides governmental labor the federal government is given control of matters essentially national while the states are left in charge of affairs distinctly state or local and character 502 interstate relations further to guarantee the integrity of the federal system the constitution specifies the fundamental nature of interstate relations the states are independent of one another and are equal in federal law the laws of a state have no force and their public officials have no authority beyond the state limits the constitution specifically provides that quote full faith and credit shall be given in each state to the public acts records and judicial proceedings of every other state end quote this does not mean that the laws of a particular state are binding upon persons in other states it does mean however that the courts of each state shall endeavor to give the same force to the laws of a neighboring state as those laws would have in the courts of the legislating state to prevent discriminations against citizens of other states the federal constitution provides that the citizens of each state are quote entitled to all the privileges and immunities of citizens in the several states end quote this means that a citizen of one state may remove to a neighboring state and there enjoy the same civil rights that the citizens of the latter state enjoy in order that fugitive criminals may be tried and punished the constitution further provides that quote a person charged in any state with treason felony or other crime who shall flee from justice and be found in another state shall on the demand of the executive authority of the state from which he fled be delivered up to be removed to the state having jurisdiction of the crime end quote 503 supremacy of federal law a last distinctive feature of our system of government is that federal law is supreme the constitution states quote this constitution and the laws of the united states which shall be made and pursuant thereof and all treaties made or which shall be made under the authority of the united states shall be the supreme law of the land end quote the states are supreme in their sphere of action nevertheless when it is claimed that there is a conflict between state and federal law the latter prevails federal law is the supreme law of the land and in the last instance it is the supreme court of the united states which is the interpreter of that law the decisions of the supreme court are binding upon the federal government upon the several states and upon private individuals see development of the federal constitution 504 the formal amending process the constitution of the united states may be formally amended in any one of four ways first an amendment may be proposed by a two-thirds vote of each house of congress and ratified by the legislatures of three-fourths of the states second an amendment may be proposed by a two-thirds vote of each house of congress and ratified by conventions and three-fourths of the states third an amendment may be proposed by a national convention called by congress upon the request of the legislatures of two-thirds of the states and ratified by the legislatures of three-fourths of the states the fourth method resembles the third except that ratification is by conventions in three-fourths of the states 505 amendments 1 through 19 there have been 19 amendments to the federal constitution footnote for the full text of these amendments see the appendix and a footnote of these the first 10 were adopted as a body in 1791 to satisfy those who feared that the new constitution did not adequately protect individual or states rights against federal aggression amendments 1 through 8 are designed to protect the fundamental rights of the individual the 9th and 10th express the principle that the federal government is one of enumerated powers while those powers not specifically conferred upon the federal government by the constitution are reserved to the states or to the people the 11th amendment adopted in 1798 provided that the federal judicial power should not be construed to extend to any suit against a state by citizens of another state or by citizens or subjects of any foreign state the 12th amendment adopted in 1804 provided that presidential electors should cast separate ballots for president and vice president the 13th amendment 1865 abolished slavery the 14th 1868 defined citizenship and sought to prevent the states from discriminating against certain classes of citizens while the 15th amendment 1870 declared the right of citizens of the united states to vote shall not be denied or abridged on account of race color or previous condition of servitude in 1913 the 16th amendment authorized congress to tax incomes without apportionment among the several states and without regard to any census or enumeration in the same year the 17th amendment provided for the direct election of the united states senators in 1919 and 18th amendment prohibited the manufacturer sale or transportation of intoxicating liquors within the importation thereof into or the exportation thereof from the united states a 19th amendment was adopted in 1920 this declared that the right to vote shall not be denied to any citizen of the united states on account of sex 506 constitutional changes through judicial interpretation the federal constitution has also been modified and developed by judicial interpretation the united state supreme court has maintained that the federal government possesses not only those powers expressly granted by the constitution but also those powers which are included with or implied from powers expressly granted this liberal construction is authorized by the constitution itself for the last clause in section eight of article one of that document declares that congress shall have power to make all laws which shall be necessary and proper for carrying into execution its enumerated powers under this doctrine of implied powers the influence of the national government has been markedly extended chiefly with regard to the war power the power to regulate interstate commerce and the power to levy taxes and borrow money 507 constitutional changes through usage the federal constitution has also been modified by the force of custom and political practices examples of the power of usage to modify the constitution are numerous but a few will suffice to illustrate the principle custom has limited the president of the united states to two terms in conformity with a long established custom presidential electors do not exercise independent judgment but merely register the vote of their respective constituents though the constitution provides that the appointive power of the president shall be exercised with the advice and consent of the senate custom virtually prohibits the senate from challenging the president's cabinet appointments on the other hand many executive appointments of minor importance are determined solely by members of congress usage decrees that the president alone may remove officers which he has appointed with the advice and consent of the senate lastly the legislative committee system as well as the entire machinery of the political party is the outcome of custom concerning these important instruments of practical politics the constitution is silent end of chapter 39 chapter 40 of problems in american democracy this is the libra vox recording all libra vox recordings are in the public domain for more information or to volunteer please visit libravox.org this reading by allison hester of athens georgia problems in american democracy by times williamson chapter 40 the president of the united states a choosing the president 508 original method of choosing the president the federal constitution sought to protect the office of the chief magistrate against popular passion by providing for the indirect election of the president according to the constitution each state was to appoint in such a manner as the legislature thereof may direct a number of electors equal to the state's combined quota of senators and representatives in congress these electors were to meet each group in its own state and were to vote by ballot for two persons these ballots were then to be transmitted sealed to congress where the president of the senate was to open and count them in the presence of both houses the person receiving the highest number of votes was to be declared president while the individual obtaining the next highest number was to fill the office of vice president 509 changes in the original method of choosing the president three important changes have been brought about in the original method of choosing the president at the beginning of our national history the state legislatures themselves chose the presidential electors but with the spread of democracy the legislatures gradually transferred the choice of these electors to the people today presidential electors are in every state chosen by popular vote on a general statewide ticket after the election of 1800 it became apparent that in order to prevent the candidate for vice president from defeating the candidate for president there would have to be a separate ballot for each of these officers in 1804 there was accordingly passed the 12th amendment to the constitution providing that the presidential electors should dense forth cast separate ballots for president and vice president party politics have affected a third change in the original method of choosing the president the constitution evidently intended that the presidential electors should be men of high repute and that they should select the nation's chief executive as the result of mature deliberation and independent judgment but as early as the third presidential election in 1796 it became clearly understood that the electors would merely register the opinions of their constituents technically the electors still choose the president as a matter of fact they exercise no discretion but merely express decisions previously reached by their respective constituents 510 present method of choosing the president today the president of the united states is elected as follows each political party nominates a candidate for the presidency at a national convention held in june or july of the presidential year at about the same time the various parties in each state nominate the quota of presidential electors to which the state is entitled the people vote on these electors on the tuesday following the first monday in november of each leap year in each state the electors receiving a plurality a symbol at the state capitol on the second monday in january following their election and vote directly for president and vice president these votes are then certified and sent to the president of the senate on the second wednesday in february this officer opens them and in the presence of the two houses of congress counts them and declares elected the candidate who has received the majority of the electoral votes if no candidate has a majority the house of representatives elects one of the three leading candidates the representatives from each state casting one vote in 1800 and again in 1824 the presidential election was thus decided by the house 511 qualifications all persons who are entitled to vote for the most numerous branch of the state legislature are entitled likewise to vote in presidential elections no presidential elector may hold any office of trust or profit under the united states by custom electors are also residents of the district from which they are chosen the president of the united states must be a natural born citizen of the united states and must be at least 35 years of age he must also have been a resident of the united states for 14 years 512 compensation the president's salary is determined by congress but the amount may neither be increased nor decreased for the existing presidential term between 1789 in 1873 the presidential salary was $25,000 and in 1873 it was increased to $50,000 a year since 1909 the president has received an annual salary of $75,000 plus an allowance for traveling expenses and the upkeep of the white house or executive mansion 513 term and succession the president elect is inaugurated on the 4th of march following his election and serves until the 4th of march four years later by custom though not by law he is limited to two terms the constitution provides that in case the president is removed by impeachment death resignation or inability or inability his duty shall devolve upon the vice president in 1886 the presidential succession act provided that in case of the inability of both president and vice president the cabinet officers shall succeed in the following order secretary of state secretary of the treasury secretary of war attorney general postmaster general secretary of the navy and secretary of the interior no cabinet officer has ever succeeded to the presidency but presidents tyler philmore johnson arthur and roosevelt were formerly vice presidents who ascended to the presidency because of the death of the chief executive 514 the vice president the vice president of the united states is elected in the same manner and by the same electors as the president with this exception the failure of any vice presidential candidate to receive a majority of the electoral votes permits the vice president to be chosen by the senate from the two candidates receiving the highest number of electoral votes the qualifications for the vice president are the same as for the president the vice president's salary is 12 000 a year aside from the fact that he may succeed the president there is little to be said about the vice president he presides over the senate but he is not a member of that body he can neither appoint committees nor even vote except in case of a ty vice presidents have generally exerted little influence upon national affairs during president wilson's second term neither the president's extended absence in europe nor his serious illness at home operated to increase the influence of the vice president under president harding's administration however vice president coolidge was accorded considerable recognition including the privilege of sitting in the president's cabinet meetings d duties and powers of the president 515 general status of the president the president of the united states acts as the head of the executive branch of government since the executive is independent of the other two branches the president is subject to the control of neither legislature nor judiciary the president cannot be arrested for any calls whatsoever no ordinary court has jurisdiction over the chief magistrate though misconduct may result in his being impeached by the senate of the united states the president enjoys extensive powers some of which are enumerated in the constitution footnote article two end of footnote and others of which he is acquired by the force of custom these powers are divisible into four groups which may be discussed in the following order war powers powers with reference to foreign affairs administrative powers and legislative powers 516 war powers of the president section two of article two of the constitution provides that the president shall be quote commander in chief of the army and navy of the united states and of the militia of the several states when called into actual service of the united states end quote in pursuance of this power the president controls and directs the nation's military and naval forces and appoints all army and naval officers footnote in time of war the president may dismiss these officers at will in time of peace however they are removed by court marshal end of footnote the execution of the military law under which the army and navy are governed is also directed by the president the president may call out the state militia when in his judgment such action is necessary in order to suppress insurrection repel invasion or enforce the laws in case of war with foreign countries the president as commander in chief assumes full direction of hostilities so long as he acts within the bounds of international law the president may do anything which he deems necessary to weaken the power of the enemy in the exercise of this right president Lincoln blockaded the southern ports during the civil war suspended the writ of habeas corpus declared martial law in many districts and freed the slaves by proclamation during the world war 1917 to 1921 the powers of president wilson were greatly expanded for the purpose of bringing the struggle with germany to a successful termination congress conferred upon the president large powers of control over food fuel shipbuilding and export trade the railway telegraph and wireless systems were taken over by the government under the president's war powers an important phase of the president's war powers is the constitutional charge to take care that the laws be faithfully executed usually the administration of law is a peaceful process but when the civil authorities are rendered powerless by persons defying federal law the president may use his military power to restore order on three notable occasions the president has enforced the laws by the use or display of military force in 1794 president washington called out the militia of four states to suppress the whiskey rebellion during the civil war president lincoln resorted to military force to execute the laws again in 1894 president cleveland used regular troops to prevent railway strikers in chicago from interfering with federal males 517 control over foreign affairs the constitution vests in the president the power to negotiate treaties and conventions with foreign nations in practice the president usually acts through the secretary of state during the process of negotiation it is customary for the president to consult with the senate committee on foreign relations as well as with the leaders of the senatorial majority such consultation is a wise step because no treaty may become law unless ratified by the senate the president receives diplomatic representatives from foreign countries this is largely a ceremonial duty but it may involve serious consequences when the independence of a foreign country is in doubt or when the representative of any nation is personally objectionable to our government the president may refuse to receive the foreign representative in case relations between this and a foreign country become strained or in case the representative of a foreign power is guilty of misconduct the president may request the withdrawal of or may even dismiss the foreign representative the severance of the diplomatic relations may lead to war the president has the further power to appoint diplomatic representatives to foreign countries we send ambassadors to the more important countries ministers resident to most countries envoys extraordinary or ministers plenipotentiary to several countries and commissioners for special purposes in the absence of the permanent diplomatic representative some minor office takes temporary charge and is known as the charge day affairs add interim all of the president's diplomatic appointments must be confirmed by the senate but the president acting alone may remove any diplomatic officer such removal is at the pleasure of the president the term of office enjoyed by diplomatic representatives is not fixed by law but due to the influence of the spoils system it often terminates when a new president assumes office besides diplomatic officers who are charged with political duties our foreign service comprises various grades of consoles or commercial representatives the president and the senate likewise choose consular officers but from lists of persons who have qualified under the merit system promotion and removal are determined by civil service rules 518 administrative powers of the president the chief administrative function of the president is to carry into effect the laws of the united states in the discharge of this duty the president is aided by a large number of subordinate officials who directly or indirectly are responsible to him as head of the administration altogether there are more than a half a million officials in the executive civil service of the united states over the appointment of these numerous officers the president has a varying measure of control he alone appoints a few executive officials such as his private secretary and the members of his cabinet the latter are nominally chosen by the president and the senate but in practice the senate universally approves cabinet appointments sent in by the president officers in this first group may be removed only by the president the president and the senate together select about 12 000 of the more important executive officers these include diplomatic agents federal judges most military and naval officers collectors of customs and internal revenues and many others in the case of minor positions to be field within a congressional district the president usually confers with the representative from that district if that representative is of the president's party if such representative is not of the president's party the candidate for the position is really selected by the senators from the proper state footnote provided of course that these senators belong to the same political party as the president end of footnote the more important positions in this group are filled by the senate from the state in which the vacancy exists the president ratifying such selections as a matter of course officers in this second group are removable only by the president more than 300 000 of the minor executive positions are now filled by the civil service commission persons entering office through the merit system may be removed only for a cause which will promote the efficiency of the service in addition to his administrative duties the president has the power to grant reprieves and pardons for offenses against the united states except in the case of impeachment a pardon fully exempts the individual from the punishment imposed upon him by law a reprieve on the other hand is simply a temporary suspension of the execution of a sentence 519 legislative powers of the president though primarily an executive officer the president enjoys important powers over legislation the president may convene either or both houses of congress on extraordinary occasions for example he may call an extra session of congress to consider such questions as the tariff currency reform or a treaty the president has the right to send messages to congress from time to time during his term the recommendations contained in these messages exert some direct influence upon legislation and are important in formulating public opinion outside of congress indirectly the president exerts a considerable influence upon legislation by bringing political pressure to bear upon the congressional leaders of his party he also exerts some influence upon legislation by the use of the patronage which accompanies his appointing power this influence is important as breaking down the barriers between the executive and the legislative branches of government the president may issue ordinances which have the force of law as commander in chief of the army and navy he may issue ordinances for the regulation in pursuance of the duty to enforce the laws the president may issue ordinances prescribing uniform means for the enforcement of the statutes he may issue ordinances for specific purposes as for example congress in 1912 authorized the president to issue legislative ordinances for the government of the canal zone very important is the president's veto power the president may veto any bill or joint resolution passed by congress with the exception of joint resolutions proposing constitutional amendments but the president must veto the bill as a whole and not particular items even though vetoed by the president a bill may still become law by being passed by a two-thirds vote in each house of congress in spite of these restrictions the president exerts a considerable influence upon legislation by the use of the veto or by the threat that he will employ it most authorities regard the veto power as a wholesome check upon harmful and unwise legislation end of chapter 40