The study of federalism, as a system of government, has in recent times become a favorite subject for constitutional writers. At present the United States and the Dominion of Canada on this continent, the newly constituted Australian Commonwealth at the Antipodes, and in Europe the German Empire, the Austro-Hungarian Empire, and the Swiss Confederation are all examples of the application of the federal principle in its various phases. What makes all researches into this branch of political learning particularly difficult, and perhaps for that reason also exceptionally fascinating, is the fact that federated states seem forever oscillating between the two extremes of complete centralization and decentralization. The two forces, centripetal and centrifugal, seem to be always pulling against each other, and producing a new resultant which varies according to their proportionate intensity. One is almost tempted to say that there must be an ideal state somewhere between these two extremes, some point of perfect balance, from which no nation can ever depart very far without either falling apart into anarchy or being consolidated into despotism. Whatever, therefore, can throw light upon these obscure forces is certainly entitled to our deepest interest.
But not all the different states mentioned above as representatives of federalism, possess an equal value for us in our search after improvements in the art of self-government. The study of the constitutions of the German and Austro-Hungarian empires can only be of secondary importance to us Americans, because these states are founded upon monarchical principles, quite foreign to our body politic. To a limited extent, the same objection may be made to the Canadian and Australian constitutions, since the connection of those countries with the monarchical mother country has not been constitutionally severed. But there is another federated state in existence, until lately almost ignored by writers on political subjects, whose example can in reality be of the utmost use to us, for its general organization more nearly resembles our own in miniature than any other. This country is Switzerland. In her quiet fashion the unobtrusive little Confederation is working out some of the great modern problems, and her citizens, with their natural aptitude for self-government, are presenting object lessons which we especially in America cannot afford to overlook. It is true that political analogies are sometimes a little perilous, for identical situations can never be reproduced in different countries, but if there be any virtue at all in the study of comparative politics, a comparison between the Federal constitutions of Switzerland and the United States ought to throw into relief some features which can be of service to us.
To be perfectly frank, the Swiss constitution, when placed side by side with our own, at first shows certain decided short-comings. The Constitution of the United States is an eminently logical, well-balanced document, in which a masterly distinction is made between the executive, legislative, and judicial functions of government, and between matters which belong by nature to organic law, and those which may safely be left to the statute law. In the Swiss constitution, however, the line which separates these departments is not as clearly drawn, so that, in fact, a certain amount of confusion in their treatment becomes apparent. In the primitive leagues which were concluded between the early Confederates no attempt was made to draw up regular constitutions, and the one now in force dates only from 1848, with amendments made in 1874, 1879, and 1885, an instrument still somewhat imperfect, perhaps, but none the less suggestive to the student.
There are two institutions in the Swiss state which bear a very strong likeness to corresponding ones in our own. Both countries have a legislative system consisting of two houses, one representing the people numerically, and the other the Cantons or States of which the Union is composed, and both possess a Supreme Court, which in Switzerland goes by the name of the Federal Tribunal. It is generally conceded that the Swiss consciously imitated these American institutions, but in doing so they certainly took care to adapt them to their own particular needs, so that the two sets of institutions are by no means identical. The Swiss National Council and Council of States, forming together the Federal Assembly, are equal, co-ordinate bodies, performing the same functions, whereas our House of Representatives and Senate have particular duties assigned to each, and the former occupies in a measure a subordinate position to the latter. The Swiss Houses meet twice a year in regular sessions, on the first Monday in June and the first Monday in December, and for extra sessions if there is special unfinished business to transact. The National Council is composed at present of 147 members, one representative to every 20,000 inhabitants. Every citizen of twenty-one is a voter; and every voter not a clergyman is eligible to this National Council—the exclusion of the clergy is due to dread of religious quarrels, with which the pages of Swiss history have been only too frequently stained. A general election takes place every three years. The salary of the representatives is four dollars a day, which is forfeited by non-attendance, and about five cents a mile for travelling expenses. On the other hand, the Council of States is composed of forty-four members, two for each of the twenty-two Cantons. The length of their terms of office is left entirely to the discretion of the Cantons which elect them, and in the same manner their salaries are paid out of the Cantonal treasuries. There are certain special occasions when the two houses meet together and act in concert: first, for the election of the Federal Council, which corresponds in a general way to our President and his Cabinet; secondly, for the election of the Federal Tribunal; thirdly, for that of the Chancellor of the Confederation, an official whose duties seem to be those of a secretary to the Federal Council and Federal Assembly, and fourthly, for that of the Commander-in-Chief in case of war. The attributes of the Swiss Federal Tribunal, though closely resembling those of our Supreme Court, are not identical with them, for the Swiss conception of the sovereignty of the people is quite different from our own. Their Federal Assembly is the repository of the national sovereignty, and, therefore, no other body can override its decisions. The Supreme Court of the United States tests the constitutionality of laws passed by Congress which may be submitted to it for examination, thus placing itself as arbiter over the representatives of the people; but the Federal Tribunal must accept as final all laws which have passed through the usual channels, so that its duty consists merely in applying them to particular cases without questioning their constitutionality.
If there is a certain resemblance between the Federal Assembly and our Congress, and between the Federal Tribunal and our Supreme Court, there is on the other hand a striking difference between the Federal Council and our presidential office.
The Swiss Constitution does not intrust the executive power to one man, as our own does, but to a Federal Council of seven members, acting as a sort of Board of Administration. These seven men are elected for a fixed term of three years, out of the ranks of the whole body of voters throughout the country, by the two Houses, united in joint session. Every year they also designate, from the seven members of the Federal Council, the two persons who shall act as President and Vice-President of the Swiss Confederation. The Swiss President is, therefore, only the chairman of an executive board, and presents a complete contrast to the President of the United States, who is virtually a monarch, elected for a short reign. Sir Henry Maine says in his book on “Popular Government,” that somewhat exasperating but always instructive arraignment of democracy: “On the face of the Constitution of the United States, the resemblance of the President of the United States to the European king, and especially to the King of Great Britain, is too obvious to mistake. The President has, in various degrees, a number of powers which those who know something of kingship in its general history recognize at once as peculiarly associated with it and with no other institution.” In truth he is vested with all the attributes of sovereignty during his term of office. He holds in his hand the whole executive power of the government; he is Commander-in-Chief of the army and navy; possesses a suspensory veto upon legislation and the privilege of pardoning offences against Federal law, and finally is intrusted with an appointing power unparalleled in any free country. With all this authority he is still a partisan by reason of the manner of his election, so that he cannot possibly administer his office impartially, and must, from the necessity of the case, forward the interests of one political party at the expense of the rest. It is certainly worthy of consideration whether the Swiss Federal Council does not contain valuable suggestions for reformers who desire to hasten the triumph of absolute democracy in the United States.
The institution of the Referendum has no counterpart in our own country, unless we except the somewhat unwieldy provisions in various States for the revisions of their constitutions by popular vote. It is undoubtedly the most successful experiment in applying the principles of direct government which has been made in modern times. Having already written more fully upon this subject in the March number of The Arena, the writer will here confine himself to reminding the readers of this review that the referendum is an institution by means of which laws framed by the representatives are submitted to the people for rejection or approval. It is significant of the interest which the referendum is already exciting in this country that a committee of gentlemen recently presented themselves at the State House to urge the adoption of this principle in local matters.
There are, besides, a host of minor differences between the Swiss and American Constitutions, of more or less interest to students of politics and economics.
The central government in Switzerland maintains a university, the Polytechnic at Zürich, and by virtue of the constitution also exerts an influence over education throughout the Confederation. Article 27 prescribes that the Cantons shall provide compulsory primary instruction to be placed in charge of the civil authorities and to be gratuitous in all public schools. In practice these provisions have been found difficult to enforce where the spirit of the population was opposed to them, as in Uri, the most illiterate of the Cantons, where the writer found educational matters entirely in the hands of the priesthood. Fortunately, however, the Swiss people at large have a very keen appreciation of the value of education, so that illiteracy, as we have it in this country, among the negroes and the poor whites of the South, as well as amongst certain classes of our immigrants, is really unknown in Switzerland. Someone has jestingly said that there “the primary business of the state is to keep school,” and really, in travelling through the country which gave birth to Pestalozzi, one is continually impressed with the size and comparative splendor of the schoolhouses; in every village and hamlet they have the appearance of being the very best which the community by scrimping and saving can possibly put up. On the subject of import duties, the Constitution lays down in Article 29 as general rules to guide the conduct of legislators, that “materials which are necessary to the industries and agriculture of the country shall be taxed as low as possible; the same rule shall be observed in regard to the necessaries of life. Articles of luxury shall be subjected to the highest taxes.” From this set of principles it will be seen that Switzerland levies her duties for revenue only, as the phrase is, although it must be confessed that there is a perceptible tendency now manifested to raise the duties in consequence of the high protectionist wave which is sweeping over the continent of Europe at the present moment. When the statistics of Switzerland’s general trade, including all goods in transit, which, of course, make a considerable portion of the whole, are compared with those of other European states, it is found that she possesses a greater amount of general trade per head of population than any other country, more even than England. The telegraph and telephone systems are managed by the central government, as well as the post office, with excellent results. Not only are these departments conducted in an exemplary manner upon cheap terms, but a respectable revenue is also derived from them which makes a good showing in the annual budget. Everything which is connected with the army, from the selection of the recruits to the election of the Commander-in-Chief, also possesses exceptional interest, because Switzerland is the only country in the world which has so far succeeded in maintaining an efficient militia without the vestige of a standing army. An attempt was made in 1885 to deal with the evils of intemperance, by establishing a state monopoly of the manufacture and sale of spirituous liquors, the Revenue thus derived being apportioned amongst the Cantons according to population, with the proviso that ten per cent. of it be used by them to combat the causes and effects of alcoholism in their midst. It is too early to speak of the final results of this legislation, but for the moment there seems to be a decided falling off in the consumption of the cruder and more injurious qualities. Amongst other matters which the Federal authorities have brought under their supervision, are the forests, river improvements, ordinary roads, and railroads, and bridges, etc., not managing them all directly, but reserving the right to regulate them at will. Even hunting and fishing come within the jurisdiction of the central government, this constitutional power having been used to preserve the chamois in certain mountain ranges where they were threatening to disappear completely, but where, thanks to timely interference, they are now actually on the increase.
Apart from these constitutional provisions, the general drift of legislative action seems to have set in very strongly towards a mild form of state socialism, somewhat after the form of the Prussian system, but with this difference, that in the case of Switzerland it is the people who unite to delegate certain powers to the state, while in the latter country this policy is imposed upon the people from above by the ruling authorities. The altogether exceptional clauses in the Swiss Constitution referring to the exclusion of the Jesuits, a survival of the war of 1848, to the so-called Heimatlosen, or those who have no commune of origin, and to the police appointed to control the movements of foreign agitators seeking the asylum of the country, all these have a purely local interest, and need not be especially examined.