Government
‹ 6 · Outline · 8 ›
7.The powers and structure of constitutional government
7a.Legislatures, representation and elections
See also: Citizen 3b · Democracy 4e · Constitution 6a
Marcus Tullius Cicero, Letters of CiceroVol. 9
- p. 81Cicero surveys rival candidates for the consulship and the state of the canvass, reckoning who is strong or weak in friends and reputation.read · scan
- p. 86–89He reports coalitions among candidates such as Lucceius, Caesar and Bibulus for the consulship.read · scan
- p. 115Uncertainty over consular elections and coalitions of candidates whose secret compacts no loyal man should join.read · scan
William Roper, The Life of Sir Thomas MoreVol. 36
- p. 90–91More in Parliament defeated the King's demand for a subsidy by argument.read · scan
- p. 91More, chosen Speaker of the Commons, reluctantly submits to the King's will and asks indulgence for errors in conveying the Commons' message.read · scan
- p. 91Wolsey pressures the Commons for a subsidy; More cleverly has him received with all his pomp, mocking his rebuke.read · scan
- p. 91Parliamentary procedure and conflict between Cardinal and Commons; Wolsey avenges himself by proposing More as ambassador to Spain.read · scan
William Harrison, A Description of Elizabethan EnglandVol. 35
- p. 224The High Court of Parliament is the assembly where laws are made, with burgesses representing cities.read · scan
Thomas Dekker, The Shoemaker's HolidayVol. 47
- p. 496–497Election of Eyre as sheriff at the Guildhall by the city's brethren.read · scan
- p. 500–501Eyre is elected sheriff by cry of the voices and hands of the city.read · scan
Thomas Hobbes, Of Man, Being the First Part of LeviathanVol. 34
- p. 413–414Defines person, actor, author and authority: representative acts by commission and binds the represented.read · scan
- p. 415–416Representatives act by authority from each member, limited to the commission given.read · scan
John Winthrop, Arbitrary Government Described and the Government of the Massachusetts Vindicated from That AspersionVol. 43
- p. 87Sets out assemblies, quorum, election and removal of delinquent officers.read · scan
- p. 89General Court alone makes freemen and laws, chooses and removes officers, raises money; practice corrects irregularities.read · scan
Jean Racine, PhaedraVol. 26
- p. 161–163Athens votes to give power to Phaedra's son; leaders consult tribes and a herald brings the reins of power.read · scan
The Instrument of GovernmentVol. 43
- p. 107Sets the machinery of parliamentary representation.read · scan
- p. 108–109Administrative procedure for summoning Parliament through the Great Seal and sheriffs.read · scan
- p. 111–112Council approves members' qualifications before admission.read · scan
Benjamin Franklin, His AutobiographyVol. 1
- p. 62–63Currency debated in the Assembly; rich oppose, majority in the House carries it.read · scan
- p. 106–107Franklin serves as clerk of the Assembly and adviser to governor and council, and is re-elected unanimously.read · scan
- p. 109–110Assembly avoids offending crown or Friends by grants 'for the king's use'.read · scan
- p. 125The Assembly reprobates his plan unheard in his absence.read · scan
- p. 138–139He drafts the bill, serves as commissioner disposing of public money, and passes the militia act while sparing Quaker liberty.read · scan
John Woolman, The Journal of John WoolmanVol. 1
- p. 241–242He considers petitioning the Legislature or speaking in the Assembly to discourage the slave importation.read · scan
- p. 242–243He prepares a petition to the Legislature and proceeds through meeting business.read · scan
Edmund Burke, Reflections on the Revolution in FranceVol. 24
- p. 178–179Character of an assembly is determined by the men composing it, not its formal constitution or titleread · scan
- p. 179–180Public assemblies need respectable composition in property, education and habits to give steady moderate conductread · scan
- p. 180–181Supreme authority in men unused to self-respect and without stake in character will be abusedread · scan
- p. 182The assembly's composition of lawyers, peasants, traders and speculators left it governed by lawyers' intrigueread · scan
- p. 182British Commons filled with rank, talent and distinction; a lawyer-dominated body would be mischievousread · scan
- p. 188–189A state's representation must represent ability as well as property.read · scan
- p. 193–194House of Commons found adequate for ends of representing the people.read · scan
- p. 205Legislature is dominated by an army and clubs not under its authority.read · scan
- p. 206The assembly lacks the gravity and aspect of a legislative body; a debased representative institution.read · scan
- p. 305–306Legislature rests on bases of territory, population and contribution, with departments, communes and cantons.read · scan
- p. 318–319British representatives are subjects of a government acting as trustee for the whole; the French Assembly is sole sovereign.read · scan
- p. 319–320Contrasts the ambassador-like French assemblyman with the British member; Commons' spirit secures equality among districts.read · scan
- p. 325–326Country people cannot combine and exert influence, so they are excluded from government.read · scan
Edmund Burke, A Letter to a Noble LordVol. 24
- p. 403–404Contrasts Commons enslaved under Henry VIII with a free Commons whose authority Burke supported.read · scan
Robert Burns, Poems and SongsVol. 6
- p. 155Members of parliament claim to serve Britain's good but simply obey Premiers' bidding, saying ay or no.read · scan
- p. 156–157Poet addresses Scottish representatives in parliament about affairs and the distillery act.read · scan
- p. 158–160Poet urges Scottish members of parliament to protest the whisky restrictions and excisemen, and speak for Scotland.read · scan
- p. 160–162Continues urging parliamentary representatives and ministers to remedy the whisky tax, mocking Fox, Pitt and the Coalition.read · scan
- p. 310–311Satire of electioneering: voters' pledges bought with coin, wine and a festival.read · scan
- p. 367–369Constituencies send members to court; the King and Prince of Wales loom over the choice.read · scan
- p. 379–381Satirical account of a borough election contest, electors and elected, Whig and Tory partisans.read · scan
- p. 520–522Satire on county election politics and a House of Commons of worthy men.read · scan
- p. 522–524Election politics: lairds backing a candidate for the Commons, interest and patronage.read · scan
- p. 524–526Satirical ballad of the Galloway election contest between rival factions and the fall of Earl Galloway's rule.read · scan
Friedrich Schiller, William TellVol. 26
- p. 477–480Succession of the Empire passes from Hapsburg to Luxembourg by election; the Cantons hope for justice from the new emperor.read · scan
William Ellery Channing, On the Elevation of the Laboring ClassesVol. 28
- p. 320Denies that political power is the true elevation of the laboring classes; inward growth of soul matters more than political standing.read · scan
Constitution of the United StatesVol. 43
- p. 180Legislative power vested in Senate and House; House members elected biennially by the people with qualifications.read · scan
- p. 180–182Organizes House and Senate offices, vacancies, impeachment power and senators' election by state legislatures.read · scan
- p. 182–183Senate tries impeachments, by two thirds; each house judges its members, keeps a journal and sets its procedure.read · scan
John Henry Newman, The Idea of a UniversityVol. 28
- p. 34Parliament as the place where statesmen learn affairs of state and the action of parties.read · scan
Ralph Waldo Emerson, CharacterVol. 5
- p. 184–185In elections the people need representatives who inspire trust and stand for a fact, not merely fluent talent.read · scan
Ralph Waldo Emerson, English TraitsVol. 5
- p. 323Wordsworth urges Americans to cultivate the conservative and never call the people's physical strength into action, as in the Reform Bill.read · scan
- p. 364Reform bill left Manchester unrepresented; seats purchased; power kept by colonies and police.read · scan
- p. 465–466English politics governed by intrigue, class interest and property; few voters, class legislation favoring the rich.read · scan
- p. 470–471Rotten boroughs and limited franchise defended as working well; Congress no wiser than Parliament.read · scan
John Stuart Mill, AutobiographyVol. 25
- p. 49Grote's pamphlet defended Radical Reform; political discussions with Mill.read · scan
- p. 67The Essay on Government is regarded as a masterpiece; restriction of suffrage consistent with securities for good government.read · scan
- p. 107–108He wrote on politics, the Reform Bill and Lord Grey's Ministry for the Radical press.read · scan
- p. 157–159Parliamentary reform pamphlet on the ballot, minority representation and the cumulative vote.read · scan
- p. 159Praises Hare's system as the greatest improvement of representative government, bringing eminent individual minds into the legislature regardless of party.read · scan
- p. 159–161Ministers oppose reforms until conscience or interest makes them adopt them; Mill writes on Parliamentary reform and Hare's system.read · scan
- p. 172Mill's entry toward Parliament and views on electoral practice, the candidate's expenses, and representation.read · scan
- p. 184Mill recounts the Conservative government's resistance to electoral reform and its transfer of election jurisdiction from the Commons to the Judges.read · scan
- p. 185–186Representative government is to be improved through reform bills, Parliament, and the cumulative vote in school board elections.read · scan
- p. 189His parliamentary defeat is attributed to the Tory government's determined efforts against him at the election.read · scan
7b.The executive and its relation to the legislature
See also: Constitution 6a · Revolution 6c · War and Peace 10d · Monarchy 3a
Plutarch, CiceroVol. 12
- p. 229The senate puts all in the consuls' hands, an emergency measure used only in imminent danger.read · scan
- p. 230Cicero guards the city under his own management while Catiline assumes magistrates' insignia.read · scan
Benvenuto Cellini, The Autobiography of Benvenuto CelliniVol. 31
- p. 383–385Note on Clement VII's change of the Florentine constitution and Council; the Duke's envoy undermines Cellini with the Pope.read · scan
Christopher Marlowe, Edward the SecondVol. 46
- p. 73–74Mortimer plans to rule the realm through the young prince as protector, using a king's name for authority.read · scan
- p. 75Struggle over who shall be protector of the young king and control the realm.read · scan
Thomas Hobbes, Of Man, Being the First Part of LeviathanVol. 34
- p. 397Those given sovereignty are understood to receive the right to levy money for soldiers and appoint magistrates.read · scan
Sir Henry Vane, A Healing QuestionVol. 43
- p. 131Vane proposes separating executive office from legislative power, executive subordinate to the laws and possibly held by one person.read · scan
- p. 132A lieutenancy of the people's sovereignty consistent with a free state; answers objection that the people would misgovern through unfit legislators.read · scan
Andrew Marvell, PoemsVol. 40
- p. 374–376Cromwell, fit to rule because he can obey, serves the Republic and must maintain power by the arts that gained it.read · scan
The Instrument of GovernmentVol. 43
- p. 106–107Vests administration in the Lord Protector assisted by a council of thirteen to twenty-one.read · scan
- p. 112Regulates the Council's appointment and removal, and trial of corruption among its members.read · scan
- p. 113–114Protector and council may legislate by ordinance until first Parliament meets.read · scan
- p. 114–115Vests remaining commonwealth lands and revenues in the Lord Protector and sets out how the office is filled and administered by the Council.read · scan
- p. 115–116Chief officers such as chancellor, treasurer and judges are chosen with approval of Parliament or Council.read · scan
Benjamin Franklin, His AutobiographyVol. 1
- p. 128Franklin devises a way around the governor's obstinate refusal, using the Assembly's legal right to draw orders on the Loan Office.read · scan
Samuel Johnson, Life of Addison, 1672-1719Vol. 27
- p. 173–174The bill would restrain the King's prerogative and involve Lords and Commons in disputes over legal right.read · scan
Edmund Burke, Reflections on the Revolution in FranceVol. 24
- p. 166The crown was made irresponsible while ministers were made responsible, under constant parliamentary inspection and impeachment.read · scan
- p. 253Assembly's conduct toward the king's minister and public finance is questioned.read · scan
- p. 330The executive power is formed as a mere channel to the Assembly, with no deliberative discretion.read · scan
- p. 331Burke criticizes the executive office under the Assembly: the king executes orders without power, means, or capacity to reward service.read · scan
- p. 332An executive cannot work zealously when subordinate to those it must obey but hates; supreme government and executory system cannot harmonize.read · scan
- p. 332–333Ministers in France are responsible yet powerless; responsibility prevents crimes but cannot inspire zealous, active service.read · scan
- p. 334–335Two establishments, one real and one fictitious, are wastefully maintained; the executive has no symmetry with supreme power.read · scan
- p. 335–336Ministers execute without power, are responsible without discretion, deliberate without choice, serving two sovereigns; the executive government is dysfunctional.read · scan
- p. 338–339Giving the executive the power of remonstrance is absurd; one who executes ought not to remonstrate.read · scan
- p. 340Being subject to the Assembly's pleasure is not being subject to law; those trusted with public money should be most accountable.read · scan
Edmund Burke, A Letter to a Noble LordVol. 24
- p. 383Ministers and the crown, not the revolutionists, are the proper authority to estimate public services under the constitution.read · scan
George Washington, Washington's Farewell AddressVol. 43
- p. 233–234Concerns election of the chief executive and the public voice in choosing him.read · scan
Constitution of the United StatesVol. 43
- p. 186–187Vests executive power in a President chosen by state electors.read · scan
- p. 187Election of executive officers by ballot, with the House and Senate resolving deadlocks.read · scan
- p. 188–189Executive powers: commander in chief, pardons, treaties, appointments with Senate consent.read · scan
- p. 189–190Executive duties, impeachment of officers, and structure of the federal courts.read · scan
George Long, M. Aurelius AntoninusVol. 2
- p. 304Two emperors ruled jointly; Antoninus then administered alone.read · scan
- p. 314Marcus's power limited by constitutional forms, the senate and precedent; not an unlimited sovereign, not an active persecutor.read · scan
Andrew Johnson, Proclamation Declaring the Insurrection at an EndVol. 43
- p. 426–427Executive proclamations define which states are in insurrection.read · scan
Abraham Lincoln, Lincoln's First Inaugural AddressVol. 43
- p. 313–314Lincoln takes up the task of administration amid secession, reassuring the South.read · scan
- p. 316Will hold federal property and collect duties, forgoing federal offices where enforcement would be irritating.read · scan
Abraham Lincoln, Proclamation of AmnestyVol. 43
- p. 416–417Restoring loyal state governments under presidential authority.read · scan
Abraham Lincoln, Lincoln's Second Inaugural AddressVol. 43
- p. 424Lincoln reviews the course of the presidency and public declarations during four years of conflict.read · scan
Richard Henry Dana, Jr., Two Years Before the MastVol. 23
- p. 342The crew is uncertain who is president of the United States after the brig's contradictory answers.read · scan
James Russell Lowell, Abraham LincolnVol. 28
- p. 433The executive represents government as a permanent principle above party; its first duty is to defend its own existence.read · scan
Walter Bagehot, John MiltonVol. 28
- p. 168Milton was a peculiar republican and Secretary under the Long Parliament and Cromwell, defending Charles I's death.read · scan
- p. 189Milton proposed a perpetual elected council as best machine of government; Bagehot finds it of historical interest only.read · scan
Treaty with Spain (1898)Vol. 43
- p. 448–449Ratification procedure by the President with Senate consent and by the Queen Regent; signing by plenipotentiaries.read · scan
7c.Separation of powers, checks and the federal division
See also: Constitution 6c · Law 9e · Taxation 2b · Reasoning 5c
Plutarch, CoriolanusVol. 12
- p. 173–174The senate must first decree before the people can legislate, limiting popular authority.read · scan
Plutarch, CiceroVol. 12
- p. 226–227Tribunes propose a ten-man commission with unlimited powers over lands, banishment, treasury and soldiers.read · scan
Francis Bacon, Essays, Civil and MoralVol. 3
- p. 133Kings and judges should consult each other when law touches affairs of state.read · scan
Sir Henry Vane, A Healing QuestionVol. 43
- p. 125Military power, the substance of all government, should be limited and made subject to a supreme judicature and its laws.read · scan
Benjamin Franklin, His AutobiographyVol. 1
- p. 124–125The plan for union is rejected by assemblies as too prerogative and by England as too democratic.read · scan
Edmund Burke, Reflections on the Revolution in FranceVol. 24
- p. 183Assesses the powers and checks on legislative bodies, and the unfitness of men to wield unbounded power.read · scan
- p. 329–330A single legislative assembly with executive officers lacks a steadying council, essential to a republic, between people and executive.read · scan
John Marshall, Opinion of Chief Justice Marshall in the Case of McCulloch vs. the State of MarylandVol. 43
- p. 208–209Question of whether Congress may incorporate a bank concerns the powers of national government versus states.read · scan
- p. 209–210Powers of the general government are contested as delegated by and subordinate to the States.read · scan
- p. 211–212The Union's government is truly a government of the people, of enumerated powers, acting directly on them for their benefit.read · scan
- p. 212The Union government, though limited in powers, is supreme within its sphere because it is the government of all, acting for all.read · scan
- p. 213A government entrusted with vast powers on which national prosperity depends must have ample means to execute them.read · scan
- p. 214A government with the right and duty to act must be allowed to select the means; opponents bear the burden of proving exceptions.read · scan
- p. 215Creating a corporation is only a means to other ends, like administering charity, education or city government.read · scan
- p. 215–216Legislative, executive and judicial powers are created by the people, with Congress of two houses and presidential presentment.read · scan
- p. 218The legislature must retain discretion in means, as shown by its ability to add oaths of office beyond the constitutional one.read · scan
- p. 219Post office example shows implied powers: establishing post roads implies carrying the mail and punishing its theft.read · scan
- p. 221Legislature has a useful right to select means adapted to constitutional ends, which Maryland's reading would nearly annihilate.read · scan
- p. 222National legislature needs discretion in means to perform its high duties beneficially for the people, though its powers remain limited.read · scan
- p. 223–224Federal government must not depend on state governments for executing its powers; judicial and legislative departments have distinct spheres.read · scan
- p. 224Legislative power need not fix subordinate arrangements; the government reserves the right to require a branch where needed.read · scan
Friedrich Schiller, William TellVol. 26
- p. 423–426Diet keeps order among quarrelling cantons; Reding rebukes hasty spirit.read · scan
Articles of ConfederationVol. 43
- p. 162Defines Congress's sole powers over war, ambassadors, treaties, admiralty courts and interstate disputes.read · scan
- p. 163Congress is given powers over coinage, weights and measures, Indian affairs, post offices and military officers.read · scan
- p. 164Congress may appoint a Committee of the States, civil officers and a presiding officer with term limits.read · scan
- p. 165–166Important decisions on war, treaties, money and forces require nine states; Congress keeps a journal and a committee acts during recess.read · scan
George Washington, Washington's Farewell AddressVol. 43
- p. 235Unity of government is the main pillar of independence, tranquillity, peace, safety and prosperity, and must be guarded against attempts to weaken it.read · scan
- p. 239A government for the whole Union is indispensable; the people establish the Constitution, owe obedience to it, and factions and unprincipled men threaten to usurp government.read · scan
- p. 240An efficient, energetic government with properly distributed powers is indispensable in an extensive country.read · scan
- p. 242–243Departments must not encroach on each other; reciprocal checks and divided powers prevent despotism.read · scan
Constitution of the United StatesVol. 43
- p. 183Separation of powers: revenue bills originate in House, president may veto, two thirds of each house override.read · scan
- p. 184–185Assigns legislative powers over taxation, armies, post offices and courts, and the administration of the union.read · scan
- p. 185–186Exclusive legislation over the seat of government; appropriations and public accounts.read · scan
- p. 190–191Relations among states and the federal guarantee of republican government.read · scan
- p. 191–194Federal supremacy and state officers bound by oath to support the Constitution.read · scan
- p. 195Reserves undelegated powers to states or people; electoral process for President and Vice President.read · scan
7d.Charters and constitutional documents
Nathaniel Ward, The Body of LibertiesVol. 43
- p. 73–74Majority may replace a moderator who refuses to put matters to vote.read · scan
- p. 74–75Shires and towns choose deputies; freemen annually elect general officers and may discharge them.read · scan
- p. 75–76Deputies chosen annually, governor's casting vote, powers of the General Court to reprieve, pardon and send envoys, and town self-government.read · scan
John Winthrop, Arbitrary Government Described and the Government of the Massachusetts Vindicated from That AspersionVol. 43
- p. 88Patent lets freemen establish officers, offices and forms; concludes government is regulated, not arbitrary.read · scan
First Charter of VirginiaVol. 43
- p. 49Grants licence to plant colonies on lands not possessed by any Christian prince.read · scan
- p. 50Hopes to bring natives to human civility and a settled government; colony governed by council.read · scan
- p. 51Colony's council controls who may settle behind the grant; defines territorial jurisdiction and authority.read · scan
- p. 52–53Establishes a thirteen-member council in each colony and another in England to govern and direct colonial matters.read · scan
- p. 53–54Councils are given power to order mining, coinage and the leading of settlers.read · scan
- p. 54Colonies given authority to seize unlicensed traders and collect revenue through their treasurer.read · scan
The Fundamental Orders of ConnecticutVol. 43
- p. 60–61Two general courts yearly, with the court of election choosing a governor and six magistrates who administer justice.read · scan
- p. 61–62Rules for nominating magistrates, governor's term and qualifications, oaths of office, and the courts' schedule and powers.read · scan
- p. 62–63Towns send deputies to the general court in proportion to freemen, and the court judges the number for new towns.read · scan
- p. 63–64Defines the composition and powers of the General Court, governor, magistrates and deputies, including the supreme power of the commonwealth.read · scan
- p. 64–65Governor moderates the Court, puts matters to vote with a casting voice; Court cannot be adjourned without majority consent.read · scan
The Mecklenburg Declaration of IndependenceVol. 43
- p. 156Declares a sovereign self-governing association under Congress and God alone.read · scan
- p. 157Reinstates military officers and makes committee-men civil officers until a more general government is established.read · scan
Articles of ConfederationVol. 43
- p. 159–160Organizes the Congress, delegates and offices of the confederation.read · scan
‹ 6 · Outline · 8 ›