The Promise of American Life

by Herbert David Croly

The analysis upon which the advocates of the initiative and the referendum base their reform has the merit of being obvious. American legislatures have betrayed the interests of their constituents, and have been systematically passing laws for the benefit of corrupt and special interests. The people must consequently take back the trust, which has been delegated to representative bodies. They must resume at least the power to initiate the legislation they want; and no law dealing with a really important subject should be passed without their direct consent.

Such an analysis of the causes of legislative corruption and incompetence is not as correct as it is obvious. It is based upon the old and baleful democratic tendency of always seeking the reason for the failure of a democratic enterprise in some personal betrayal of trust. It is never the people who are at fault. Neither is the betrayal attributed to some defect of organization, which neglects to give the representative individual a sufficient chance. The responsibility for the failure is fastened on the selected individual himself, and the conclusion is drawn that the people cannot trust representatives to serve them honestly and efficiently. The course of reasoning is precisely the same as that which prompted the Athenian democracy to order the execution of an unsuccessful general. In the case of our state legislatures, a most flagrant betrayal of trust has assuredly occurred, but before inferring from this betrayal that selected individuals cannot be trusted to legislate properly on behalf of their constituents, it would be just as well to inquire whether individual incompetence and turpitude are any sufficient reason for this particular failure of representative institutions.

As a matter of fact they are no sufficient reason. When a large number of individuals to whom authority is delegated exercise that authority improperly, one may safely infer that the system is at fault as much as the individual. Local American legislative organization has courted failure. Both the system of representation and functions of the representative body have been admirably calculated to debase the quality of the representatives and to nullify the value of their work. American state legislatures have really never had a fair opportunity. They have almost from the beginning been deprived of any effective responsibility. The state constitutions have gradually hedged them in with so many restrictions, have gone so much into detail in respect to state organization and policy that the legislatures really had comparatively little to do, except to deal with matters of current business. They offered no opportunity for a man of ability and public spirit. When such men drifted into a local legislature, they naturally escaped as soon as they could to some larger and less obstructed field of action. If the American people want better legislatures, they must adopt one of two courses. Either they must give their legislative bodies something more and better to do, or else they must arrange so that these bodies will have a chance to perform an inferior but definite service more capably.

The legislatures have been corrupt and incapable, chiefly because they have not been permitted any sufficient responsibility, but this irresponsibility itself has had more than one cause. It cannot be traced exclusively to the diminished confidence and power reposed in representative bodies by the state constitutions. Early in the nineteenth century, the legislatures were granted almost full legislative powers; and if they did not use those powers well, they used them much better than at a later period. Their corruption began with the domination of the political machine; and it is during the last two generations that their powers and responsibilities have been more and more restricted. They have undoubtedly been more corrupt and incompetent in proportion as they have been increasingly deprived of power; but the restrictions imposed upon them have been as much an effect as a cause of their corruption. There is a deeper reason for their deficiencies; and this reason is connected with mal-adaptation of the whole system of American state government to its place in a Federal system. The Federal organization took away from the states a number of the most important governmental functions, and in certain respects absolutely subordinated the state to the nation. In this way the actual responsibilities and the powers of the state governments were very much diminished, while at the same time no sufficient allowance for such a diminution was made in framing their organization. Their governments were organized along the same lines as that of an independent state—in spite of the fact that they had abandoned so many of the responsibilities and prerogatives of independence.

The effect of this mal-adaptation of the state political institutions to their place in a Federal system has been much more important than is usually supposed. The former were planned to fulfill a much completer responsibility than the one which they actually possessed. The public business of a wholly or technically independent state naturally arouses in its citizens a much graver sense of responsibility than does the public business of a state in the American Union. The latter retained many important duties; but it surrendered, if not the most essential of its functions, at least the most critical and momentous, while in the exercise of the remainder it was to a certain extent protected against the worst consequences of mistakes or perversities. It surrendered the power of making peace or declaring war. Its relation to the other states in the Union was strictly defined, so that it had no foreign policy and responsibilities corresponding to its purely domestic ones. Its citizens were aware that the protection of such fundamental institutions as that of private property was lodged in the Federal government, and that in the end that government had the power to guarantee them even against the worst consequences of domestic disorder. Thus the state governments were placed in the easy situation of rich annuitants, who had surrendered the control of some political capital in order to enjoy with less care the opportunities of a plethoric income.

The foregoing comment is not intended as any disparagement of a Federal as contrasted with a centralized political system. Its purpose is to justify the statement that, in a Federal system, local political institutions should be adapted to their necessarily restricted functions. The state governments were organized as smaller copies of the central government, and the only alterations in the type permitted by the Democrats looked in the direction of a further distribution of responsibility. But a system which was adapted to the comprehensive task of securing the welfare of a whole people might well fail as an engine of merely local government,—even though the local government retained certain major political functions. As a matter of fact, such has been the case. The system of a triple division of specific powers, each one of which was vigorous in its own sphere while at the same time checked and balanced by the other branches of the government, has certain advantages and certain disadvantages. Its great advantage is its comparative safety, because under it no one function of government can attain to any dangerous excess of power. Its great disadvantage consists in the division of responsibility among three independent departments, and the possibility that the public interest would suffer either from lack of coöperation or from actual conflicts. In the case of the general government, the comparative safety of the system of checks and balances was of paramount importance, because the despotic exercise of its vast powers would have wrecked the whole American political system. On the other hand, the disadvantages of such a system—its division of responsibility and the possible lack of coöperation among the several departments—were mitigated to a considerable, if not to a sufficient, extent. National parties came into existence with the function of assuming a responsibility which no single group of Federal officials possessed; and in their management of national affairs, the partisan leaders were prompted by a certain amount of patriotism and interest in the public welfare. Even at Washington the system works badly enough in certain respects; but in general the dominant party can be held to a measure of responsibility; and effective coöperation is frequently obtained in matters of foreign policy and the like through the action of patriotic and disinterested motives.

In the state governments the advantages of a system of checks and balances were of small importance, while its disadvantages were magnified. The state governments had no reason to sacrifice concentrated efficiency to safety, because in a Federal organization the temporary exercise of arbitrary executive or legislative power in one locality would not have entailed any irretrievable consequences, and could not impair the fundamental integrity of the American system. But if a state had less to lose from a betrayal by a legislature or an executive of a substantially complete responsibility for the public welfare, it was not protected to the same extent as the central government against the abuses of a diffused responsibility. In the state capitals, as at Washington, the national parties did, indeed, make themselves responsible for the management of public affairs and for the harmonious coöperation of the executive and the legislature; but in their conduct of local business the national parties retained scarcely a vestige of national patriotism. Their behavior was dictated by the most selfish factional and personal motives. They did, indeed, secure the coöperation of the different branches of the government, but largely for corrupt or undesirable purposes; and after the work was done the real authors of it could hide behind the official division of responsibility.

If the foregoing analysis is correct, the partial failure of American state governments is to be imputed chiefly to their lack of a centralized responsible organization. In their case a very simple and very efficient legislative and administrative system is the more necessary, because only through such a machinery can the local public spirit receive any effective expression. It can hardly be expected that American citizens will bring as much public spirit to their local public business as to the more stirring affairs of the whole nation; and what local patriotism there is should be confronted by no unnecessary obstacles. If a mistake or an abuse occurs, the responsibility for it should be unmistakable and absolute, while if a reform candidate or party is victorious, they should control a machinery of government wholly sufficient for their purposes.

As soon as any attempt is made to devise a system which does concentrate responsibility and power, serious difficulties are encountered. Concentration of responsibility can be brought about in one of two ways—either by subordinating the legislature to the executive or the executive to the legislature. There are precedents both here and abroad in favor of each of these methods, and their comparative advantages must be briefly sketched.

The subordination of the executive to the legislature would conform to the early American political tradition. We have usually associated executive authority with arbitrary and despotic political methods, and we have tended to assume that a legislative body was much more representative of popular opinion. During or immediately succeeding the Revolutionary War, the legislatures of the several states were endowed with almost complete control—a control which was subject only to the constitutional bills of rights; and it has been seriously and frequently proposed to revive this complete legislative responsibility. Under such a system, the legislature would elect the chief executive, if not the judicial officials; and it would become like the British Parliament exclusively and comprehensively responsible for the work of government—both in its legislative and administrative branches.