to the discourses in which James Harrington, one of the most prescient minds of that great age, showed the necessity for such a constitution, and laid down its principles, suggesting that, in order to give it the higher authority, it should be subscribed by the people themselves.
We may now proceed to consider the several departments of the national government. It will be simplest to treat of each separately, and then to examine the relations of each to the others, reserving for subsequent chapters an account of the relations of the national government as a whole to the several states.
Everyone who undertakes to describe the American system of government is obliged to follow the American division of it into the three departments—executive, legislative, judicial. I begin with the executive, as the simplest of the three.
The president is the creation of the Constitution of 1789. Under the Confederation there was only a presiding officer of Congress, but no head of the nation.
Why was it thought necessary to have a president at all? The fear of monarchy, of a strong government, of a centralized government, prevailed widely in 1787. George III was an object of bitter hatred: he remained a bogey to succeeding generations of American children. The Convention found it extremely hard to devise a satisfactory method of choosing the president, nor has the method they adopted proved satisfactory. That a single head is not necessary to a republic might have been suggested to the Americans by those ancient examples to which they loved to recur. The experience of modern Switzerland has made it still more obvious to us now. Yet it was settled very early in the debates of 1787 that the central executive authority must be vested in one person; and the opponents of the draft Constitution, while quarrelling with his powers, did not accuse his existence.
The explanation is to be found not so much in the wish to reproduce the British Constitution as in the familiarity of the Americans, as citizens of the several states, with the office of state governor (in some states then called president) and in their disgust with the feebleness which Congress had shown under the Confederation in its conduct of the war, and, after peace was concluded, of the general business of the country. Opinion called for a man, because an assembly had been found to lack promptitude and vigour. And it may be conjectured that the alarms felt as to the danger from one man’s predominance were largely allayed by the presence of George Washington. Even while the debates were proceeding, everyone must have thought of him as the proper person to preside over the Union as he was then presiding over the Convention. The creation of the office would seem justified by the existence of a person exactly fitted to fill it, one whose established influence and ripe judgment would repair the faults then supposed to be characteristic of democracy, its impulsiveness, its want of respect for authority, its incapacity for pursuing a consistent line of action.
Hamilton felt so strongly the need for having a vigorous executive who could maintain a continuous policy, as to propose that the head of the state should be appointed for good behaviour, i.e., for life, subject to removal by impeachment. The proposal was disapproved, though it received the support of persons so democratically minded as Madison and Edmund Randolph; but nearly all sensible men, including many who thought better of democracy than Hamilton himself did, admitted that the risks of foreign war, risks infinitely more serious in the infancy of the Republic than they have subsequently proved, required the concentration of executive powers into a single hand. And the fact that in every one of their commonwealths there existed an officer in whom the state constitution vested executive authority, balancing him against the state legislature, made the establishment of a federal chief magistrate seem the obvious course.
Assuming that there was to be such a magistrate, the statesmen of the Convention, like the solid practical men they were, did not try to construct him out of their own brains, but looked to some existing models. They therefore made an enlarged copy of the state governor, or to put the same thing differently, a reduced and improved copy of the English king. He is George III shorn of a part of his prerogative by the intervention of the Senate in treaties and appointments, of another part by the restriction of his action to federal affairs, while his dignity as well as his influence are diminished by his holding office for four years instead of for life.1 His salary is too small to permit him either to maintain a court or to corrupt the legislature; nor can he seduce the virtue of the citizens by the gift of titles of nobility, for such titles are altogether forbidden. Subject to these precautions, he was meant by the Constitution-framers to resemble the state governor and the British king, not only in being the head of the executive, but in standing apart from and above political parties. He was to represent the nation as a whole, as the governor represented the state commonwealth. The independence of his position, with nothing either to gain or to fear from Congress, would, it was hoped, leave him free to think only of the welfare of the people.
This idea appears in the method provided for the election of a president. To have left the choice of the chief magistrate to a direct popular vote over the whole country would have raised a dangerous excitement, and would have given too much encouragement to candidates of merely popular gifts. To have entrusted it to Congress would have not only subjected the executive to the legislature in violation of the principle which requires these departments to be kept distinct, but have tended to make him the creature of one particular faction instead of the choice of the nation. Hence the device of a double election was adopted, perhaps with a faint reminiscence of the methods by which the doge was then still chosen at Venice and the emperor in Germany. The Constitution directs each state to choose a number of presidential electors equal to the number of its representatives in both houses of Congress. Some weeks later, these electors meet in each state on a day fixed by law, and give their votes in writing for the president and vice-president.2 The votes are transmitted, sealed up, to the capital and there opened by the president of the Senate in the presence of both houses and counted. To preserve the electors from the influence of faction, it is provided that they shall not be members of Congress, nor holders of any federal office. This plan was expected to secure the choice by the best citizens of each state, in a tranquil and deliberate way, of the man whom they in their unfettered discretion should deem fittest to be chief magistrate of the Union. Being themselves chosen electors on account of their personal merits, they would be better qualified than the masses to select an able and honourable man for president. Moreover, as the votes are counted promiscuously, and not by states, each elector’s voice would have its weight. He might be in a minority in his own state, but his vote would nevertheless tell because it would be added to those given by electors in other states for the same candidate.
No part of their scheme seems to have been regarded by the Constitution-makers of 1787 with more complacency than this,3 although no part had caused them so much perplexity. No part has so utterly belied their expectations. The presidential electors have become a mere cog-wheel in the machine; a mere contrivance for giving effect to the decision of the people. Their personal qualifications are a matter of indifference. They have no discretion, but are chosen under a pledge—a pledge of honour merely, but a pledge which has never (since 1796) been violated—to vote for a particular candidate. In choosing them the people virtually choose the president, and thus the very thing which the men of 1787 sought to prevent has happened—the president is chosen by a popular vote. Let us see how this has come to pass.
In the first two presidential elections (in 1789 and 1792) the independence of the electors did not come into question, because everybody was for Washington, and parties had not yet been fully developed. Yet in the election of 1792 it was generally understood that electors of one way of thinking were to vote for Clinton as their second candidate (i.e., for vice-president) and those of the other side for John Adams. In the third election (1796) no pledges were exacted from electors, but the election contest in which they were chosen was conducted on party lines, and although, when the voting by the electors arrived, some few votes were scattered among other persons, there were practically only two presidential candidates before the country, John Adams and Thomas Jefferson, for the former of whom the electors of the Federalist party, for the latter those of the Republican (Democratic)4 party were expected to vote. The