The thing has become a scandal and an oppression,
for the liberties of American citizens and the just
prerogatives of the states and the cities, as vital
human groups, have been more infringed upon, reduced,
and degraded by free legislation than ever happened
in similar communities by the action of absolute monarchs.
It is a folly that works its insidious injury in two
ways; first by confusing life by innumerable laws
ill-advised, ill-drawn, mutually contradictory, ephemeral
in their nature, inquisitorial in their workings;
second, by creating a condition where any personal
or factious interest can be served by due process
of law, until at last we have reached a point where
liberty itself has largely ceased to exist and we
find ourselves crushed under a tyranny of popular government
no less oppressive than the tyranny of absolutism.
Nor is this all; the mania for making laws has bred
a complete and ingenious and singularly effective
system of getting laws made by methods familiar to
the members of all legislative bodies whether they
are city councils, state legislatures or the national
congress, and this means opportunities for corruption,
and methods of corruption, that are fast degrading
government in the United States to a point where there
is none so poor as to do it reverence. The whole
system is preposterous and absurd, breeding not only
bad laws, but a widespread contempt of law, while the
personal freedom for which democracy once fought, is
fast becoming a memory.
The trouble began as a result of one of the elements
in the American Constitution which was the product
not of the sound common sense and the lofty judgment
of the framers, but of a weak yielding to one of the
doctrinaire fads of the time that had no relationship
to life but was the invention of political theorists,
and that was the unnatural separation of the executive,
legislative and judicial functions of government.
The error has worked far and the superstition still
holds. What is needed is an initiative in legislation,
centred in one responsible head or group, that, while
functioning in all normal and necessary legislative
directions, still allows individual initiative on
the part of the legislators, as a supplementary, or
corrective, or protective agency. No government
functions well in fiscal matters without a budget:
what we need in legislative matters is a legislative
budget, and by this phrase, I mean that the primary
agency for the proposing of laws should be the chief
executive of a city, or state or the nation, with
the advice and consent of his heads of departments
who would form his cabinet or council.