share. The only judicial power substantially now remaining in the
English Parliament is the power of impeachment, which is rarely
exercised in England, and the appellate jurisdiction of the House
of Lords, of the "law" lords, that is, those peers who held legal
offices. On the other hand the legislative function of Parliament,
which began merely in the way of saying what the law was, has
enormously developed, and still more so the executive. Thus the
legislative branch of the three divisions in the English government
has increased out of all proportion to both the others, having now all
the legislative power and most of the executive. And legislatively it
is omnipotent; it is confined by no constitution; even the king cannot
withhold his consent. Parliament can make any law, although against
what _was_ the Constitution; the Constitution may be modified by a
simple statute. So their legislative function is infinite; and their
executive function has, in substance, grown very large, because the
British government is carried on by the cabinet, which is practically
a committee of the House of Commons. But of the judicial function,
which was the principal function of the Great Council at the time
of the Conquest, hardly a shred remains. It is the history of all
countries that people are not jealous of the judicial power, while
they are extremely anxious to seize the legislative and executive.
With us, however, we are supposed to have all three functions
co-ordinate and in good working activity. But in both countries, money
bills, bills imposing taxes, are the function of the lower house. That
principle grew historically from the principle that all taxation must
be voted by the people, directly or indirectly; must be with the
common consent and for the common benefit. That principle was
established by the House of Commons, and consequently they arrogated
to themselves that part of the legislative power. That principle we
have retained in our Federal Constitution, and in most of our State