The Americans

by Hugo Münsterberg

The inner similarity of the different states is shown by the fact that, while each one has its own statute-book and an upper court which jealously guards its special constitution, nevertheless all of the forty-five state constitutions are framed very much alike. The Constitution of the United States would by no means require this, since it prescribes merely that every state constitution shall be republican in form; and yet not a single state has taken advantage of its great freedom. The constitutions of the older states were modelled partly on the institutions of the English fatherland, partly on those of colonial days; and when many of these features were finally embodied in the Federal Constitution, they were reflected back once more in the constitutions of the states which later came to be. The new states have simply borrowed the general structure of the older states and of the Federation, without much statesmanlike imagination; although here and there is some adaptation to special circumstances. There are indeed some odd differences at superficial points, and inasmuch as, in contrast to the Federal Constitution, the state constitutions have frequently been reshaped by the people, a reactionary tendency or some radical and hasty innovation has here and there been incorporated.

The principles, however, are everywhere the same. Each state has framed a reduced copy of the Federal Constitution, and one finds a still more diminutive representation of the same thing in the American city charter. Yet we must not forget here that, although theoretically and constitutionally the state is greater than the city, yet in fact the city of New York has a population eighty times as large as the State of Nevada, with its bare 40,000 inhabitants; or, again, that the budget of the State of Massachusetts is hardly a quarter as large as that of Boston, its capital city.

Thus, like the Union, both city and state have a charter and an executive, a dual legislature, and a judiciary, all of which reproduce on a small scale all the special features of the federal organization. The city charter is different from that of the state, in that it is not drawn up by the inhabitants of the city, but, as we have said, has to be granted by the state legislature. The head of the state executive, the governor, is in a way a small president, who is elected directly by the people, generally for a two years’ term of office. In the city government the mayor corresponds to him, and is likewise elected by the citizens; and in the larger cities for the same period. A staff of executive officers is provided for both the mayor and the governor.

Under the city government are ranged the heads of departments, who are generally chosen by the mayor himself; New York, for instance, has eighteen such divisions—the departments of finance, taxation, law, police, health, fire, buildings, streets, water-supply, bridges, education, charities, penal institutions, park-ways, public buildings, etc. The most important officials under the state government are always the state secretary, the state attorney-general, and the treasurer. Close to the governor stands the lieutenant-governor, who, after the pattern of the federal government, is president of the upper legislative chamber. The governor is empowered to convene the legislature, to approve or to veto all state measures, to pardon criminals, to appoint many of the lower officials, although generally his appointment must be confirmed by the upper legislative body, and he is invariably in sole command of the state militia. The legislature of the state is always, and that of the cities generally, divided into two chambers. Here again the membership in the upper chamber is smaller than that of the lower and more difficult to obtain. Often the state legislature does not meet in the largest city, but makes for itself a sort of political oasis, a diminutive Washington. The term of office in the legislature is almost always two years, and everywhere the same committee system is followed as at the Capitol in Washington. Only a member of the legislative body can propose bills, and such propositions are referred at once to a special committee, where they are discussed and perhaps buried. They can come to the house only through the hands of this committee. The freedom given to the state legislature is somewhat less than that given by the Constitution to Congress. While all the parliamentary methods are strikingly and often very naïvely copied after those in use at Washington, the state constitutions were careful from the outset that certain matters should not be subject to legislative egotism. On the other hand the state legislature hands down many of its rights to inferior bodies, such as district, county, and city administrations; but in all these cases in which there is a real transfer of powers, it is characteristic that these really pertain to the state as such, and can, therefore, be withdrawn by the state legislatures from the smaller districts at any time.

The entire administration of the state falls to the state legislature; that is, the measures for public instruction, taxation, public works, and the public debt, penal institutions, the supervision of railroads, corporations, factories, and commerce. In addition to this there are the civil and criminal statutes, with the exception of those few cases which the Constitution reserves for federal legislation; and, finally, there is the granting of franchises and monopolies to public and industrial corporations. Of course, within this authority there is nothing which concerns the relation of one state to other states or to foreign powers, nor anything of customs revenues or other such matters as are enacted uniformly for all parts of the country by the federal government. The state has, however, the right to fix the conditions under which an immigrant may become a naturalized citizen; and a foreigner becomes an American citizen by being naturalized under the law of any one of the forty-five states. All this gives an exceedingly large field of action to state legislatures, and it is astonishing how little dissimilar are the provisions which the different states have enacted.

The city governments are very diverse in size, but in all the larger cities consist of two houses. The German reader must not suppose that these work together like the German magistrate and the municipal representative assembly. Since in America the legislative and executive are always sharply sundered, the heads of departments under the executive—that is, the German Stadträte—have no place in the law-making body. The dual legislative is, therefore, in a way an upper and lower municipal representative assembly, elected in different ways and having similar differences in function as the two chambers of Congress. Here too, for instance, bills of appropriation have to originate in the lower house. Oddly enough, the city legislative is generally not entrusted with education, but this is administered by a separate municipal board, elected directly by the people. One who becomes acquainted with the intellectual composition of the average city father, will find this separation of educational matters not at all surprising, and very beneficent and reasonable.

In general, one may say that the mayor is more influential in the city government than that body which represents the citizens; this in contrast to the situation in the state government, where the governor is relatively less influential than the legislature. The chief function of the governor is really a negative one, that of affixing his veto from time to time on an utterly impossible law. The mayor, on the other hand, can shape things and leave the stamp of his personality on his city. In the state, as in the city, it often happens that the head of the executive and a majority of the legislative belong to opposite parties, and this not because the party issues are forgotten in the local elections, but because the methods of election are different.

The division of public affairs into city and state issues leaves, of course, room for still a third group, namely, the affairs of communities which are still smaller than cities. These, too, derive their authority entirely from the state legislature, but all states leave considerable independence to the smaller political units. In local village government the historic differences of the various regions show out more clearly than in either state or city government. The large cities are to all intents and purposes cast in the same mould everywhere; their like needs have developed like forms of life; and the coming together of great numbers of people have everywhere created the same economic situation. But the scattered population gets its social and economic articulation in the North, South, and West, in quite different ways; and this difference, at an early time when the problems of a large city were so far not known, led to different types of village organizations, which have been historically preserved.

When the English colonies were growing up, the differences in this connection between the New England states and Virginia were extreme. The colonies on the northern shores, with their bays and harbours, their hilly country and large forests, could not spread their population out over large tracts of land, and were concentrated within limited regions; and this tendency was further emphasized by Puritan traditions, which required the population to take active part in church services. There naturally was developed a local form of government for small districts, which corresponded to old English traditions. The citizens gathered from all parts of every district to discuss their common affairs and to decide what taxes should be raised, what streets built, and, most of all, what should be done for their churches and schools, and for the poor. In Virginia, on the other hand, where very large plantations were laid out, there could be no such small communities; the population was more scattered, and affairs of general interest had necessarily to be entrusted to special representatives, who were in part elected by small parishes and in part appointed by the governor. The political unit here was not the town, but the county.

The difference in these two types is the more worthy of consideration because it explains how the North and South have been able to contribute such different and yet such equally valuable factors to all the great events of American history. New England and Virginia were the two centres of influence in Revolutionary times and when the Union was being completed, but their influences were wholly different. New England served the country by effecting an extraordinarily thorough education of its masses by giving them a long schooling in local self-government; each individual was obliged to meditate on public affairs. Virginia, however, gave to the country its brilliant leaders; the masses remained backward, but the county representatives practised and trained themselves to the rôle of leading statesmen. Between these two extremes lay the Middle Atlantic States, where a mixed form of town and county representation had necessarily developed from the social conditions; and these three types, the Northern, Southern, and mixed, worked slowly back during the nineteenth century from the coast toward the West. Settlers in the new states carried with them their familiar forms of local government, so that to-day these three forms may still be found through the country. To-day the chief functions of town governments are public instruction, care for the poor, and the building of roads. Religious life is, of course, here as in the city, state, and Union, wholly separated from the political organization. The police systems of these local governments in town and village are wholly rudimentary. While the police system is perhaps the most difficult chapter in American city government, the country districts have always done very well with almost none. This reflects the moral vigour of the American rural population. The people sleep everywhere with their front doors open, and everywhere presuppose the willing assistance of their neighbours. It was not until great populations commenced to gather in cities, that those social evils arose, of which the police system, which was created to obviate them, is itself not the least.