CONTENTS
The English Government of the Eighteenth Century
- Struggle between the many and the few [3]
- The Great Charter [4]
- Development of a bicameral parliament [6]
- Limited and irresponsible government [8]
- Class influence as seen in statute and common law [10]
The American Government of the Revolutionary Period
- Conditions favoring growth of democratic ideas [12]
- The Declaration of Independence [13]
- Numerical strength and character of the conservatives [14]
- Democracy in the early state constitutions [16]
- Supremacy of the legislature [20]
- The Articles of Confederation [22]
The Constitution a Reactionary Document
- Causes of political reaction [27]
- The Constitution a product of eighteenth-century [28]
- The framers' fear of democracy [29]
- Effort to limit the power of the majority [35]
The Significance of the Amendment Feature of the Constitution
- Amendment of democratic and undemocratic constitutions [40]
- Reasons for making amendment difficult [41]
- Patrick Henry's objection to the amendment feature of the Constitution [44]
- The amendments to the Constitution [52]
- Amendment of the Articles of Confederation [57]
- Amendment of the early state constitutions [58]
- Amendment in other countries [62]
The Federal Judiciary
- Relation of the judicial to the other checks [65]
- The constitutional status of judges in England [67]
- The American was not a copy of the English judicial system [68]
- Hamilton's defense of the Federal judiciary [73]
- His desire to limit the power of the people [82]
- Relation of the judicial to the executive veto [85]
- Revival of the judicial veto in the state governments [87]
- The judicial veto was not mentioned in the Constitution [90]
- The Federalist appointments to the Supreme Bench [94]
- Significance of the veto power of the Supreme Court [97]
- A monarchical survival [103]
- Political and judicial powers [107]
- Power to veto laws not judicial [108]
- Character of the laws vetoed by the Supreme Court [111]
- Decline of the belief in judicial infallibility [113]
- Government by injunction [116]
- The judicial veto in relation to treaties [119]
- The disadvantages of a deferred veto [123]
The Checks and Balances of the Constitution
- A cure for the evils of democracy [125]
- Evolutionary classification of governments [128]
- Substitutes for king and aristocracy [130]
- Relation of the theory of checks and balances to laissez faire and anarchism [131]
- Purpose of indirect election [134]
- Subordination of the House of Representatives [137]
- Impeachment made difficult [142]
- Significance of the President's oath of office [146]
- The House of Representatives in relation to the budget [148]
- Lack of adequate provision for publicity [150]
- Attitude of the framers toward criticism of public officials [152]
- Federal versus national government [160]
- Relation of the general to the state governments not clearly defined [162]
- Effort to lay the foundation of a national government [164]
- Origin and development of the doctrine of nullification [168]
- Calhoun's theory of the Constitution [174]
- The judiciary act of 1789 [182]
Undemocratic Development
- The influence of checks upon the development of our political institutions [186]
- The House of Representatives an irresponsible body during the second regular session [189]
- Congress has power to remedy the evil [191]
- The committee system a check on the majority [193]
- The speaker's power to thwart legislation [199]
- The system encourages log-rolling [200]
The Party System
- Conservative opposition to party government in the eighteenth century [203]
- The effort of the framers to guard against the possibility of responsible party government [205]
- Difference between the English and the American party system [208]
- Influence of the Constitution upon the party system not generally recognized [210]
- The evils of our party system attributed by conservative writers to majority rule [212]
- Character of our party platforms [218]
- True party government impossible under our constitutional system [226]
Changes in the State Constitutions After 1787
- Development of the judicial veto [230]
- Limitation of the power to impeach [231]
- Extension of the term of office of governor and members of the legislature [232]
- Amendment of the constitution made more difficult [235]
- Influence of democracy upon the state constitutions [239]
- Division of authority in the state government [243]
- Lack of effective responsibility [245]
Municipal Government
- Municipal government at the time of the Revolution [249]
- Changes in municipal government after the adoption of the Constitution [250]
- The municipality a creature of the state legislature [252]
- Hostility of the courts to municipal self-government [254]
- The attitude of the courts made state interference necessary [255]
- Abuses of legislative interference [256]
- Constitutional provisions limiting the power of the legislature to interfere [261]
- Effort to establish municipal self-government [265]
- Limitation of the power of the majority in constitutions granting municipal self-government [266]
- The object of home rule provisions largely defeated by judicial interpretation [268]
- Limitation of the taxing and borrowing power of home rule cities [272]
- Origin of the constitutional limitations of municipal indebtednes [273]
- Fear of municipal democracy [277]
- Municipal ownership as a means of taxing the propertyless class [280]
- Why our state governments have not been favorable to municipal democracy [285]
- Limitation of the power of the majority the main cause of municipal corruption [288]
Individual Liberty and the Constitution
- The eighteenth-century conception of liberty negative [291]
- Influence of the Revolution upon the conception of liberty [293]
- Why present-day conservatives advocate the eighteenth century view of liberty [295]
- Liberty to the framers meant the limitation of the power of the majority [297]
- The doctrine of vested rights [299]
- Survival of the old view of liberty in our legal literature [301]
Individual Liberty and the Economic System
- The economic conditions under which the old view of liberty originated [304]
- Influence of the industrial revolution upon the liberty of the worker [306]
- The laissez faire policy [308]
- Protection has been maintained as a class policy [312]
- The need of protection to labor [316]
- Limitation of governmental powers in the interest of the capitalis [318]
- The policy of the Supreme Court a factor in corrupting the state governments [325]
The Influence of Democracy Upon the Constitution
- Modification of the system as originally set up [331]
- The extension of the suffrage [333]
- Defect in the method of electing the President [333]
- Three reforms needed in the case of the Senate [338]
- Possibility of controlling the Supreme Court [341]
- Power of two-thirds of the states to call a constitutional convention [346]
- Effort to secure the responsibility of public officials [349]
- Direct versus representative democracy [351]
- Reliance of the conservative classes on the courts [355]
- Election of United States senators by the legislature incompatible with its other functions [357]
Effect of the Transition from Minority to Majority Rule Upon Morality
- Higher standards of morality [361]
- The growth of publicity in relation to immorality [363]
- Decline in the efficacy of old restraints [364]
- The conflict between two opposing political systems [367]
- The need of more publicity [372]
- Corporate control of the organs of public opinion [375]
- Lack of respect for law [377]
Democracy of the Future
- The progress of democratic thought [379]
- Influence of printing upon the growth of democracy [380]
- The immediate aim of democracy political [383]
- Relation of scientific and industrial progress to democracy [384]
- Democracy would make government a science [386]
- Dependence of man's industrial activities on the social environment [388]
- Necessity for equality of opportunity ignored by conservative writers [390]
- The scientific justification of democracy's hostility to privilege [394]
- Democracy's attitude toward the doctrine of laissez faire [397]