Formation of the Union, 1750-1829 by Albert Bushnell Hart
page 151 of 305 (49%)
page 151 of 305 (49%)
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The general outline of the new Constitution seems to be English; it was
really colonial. The President's powers of military command, of appointment, and of veto were similar to those of the colonial governor. National courts were created on the model of colonial courts. A legislature of two houses was accepted because such legislatures had been common in colonial times. In the English Parliamentary system as it existed before 1760 the Americans had had no share; the later English system of Parliamentary responsibility was not yet developed, and had never been established in colonial governments; and they expressly excluded it from their new Constitution. [Sidenote: State experience.] They were little more affected by the experience of other European nations. Just before they assembled, Madison drew up an elaborate abstract of ancient, mediaeval, and existing federal governments, of which he sent a copy to Washington. It is impossible to trace a single clause of the Constitution to any suggestion in this paper. The chief source of the details of the Constitution was the State constitutions and laws then in force. Thus the clause conferring a suspensive veto on the President is an almost literal transcript from the Massachusetts constitution. In fact, the principal experiment in the Constitution was the establishment of an electoral college; and of all parts of the system this has worked least as the framers expected. The Constitution represents, therefore, the accumulated experience of the time; its success is due to the wisdom of the members in selecting out of the mass of colonial and State institutions those which were enduring, [Sidenote: Novelties.] |
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