Like a strong current through these works runs the doctrine that in a good government the law-making power should be also the administering power and should bear full and specific responsibility; safeguards against ill-considered action being provided in two directions, by the people on the one hand, and on the other hand by law and custom, these latter being considered historically, as an organic growth. He finds the elements and essentials of this doctrine in our Constitution, though somewhat obscured by the old “literary” theory of checks and balances. He finds it more fully acknowledged in the British Constitution. He finds it originating in our English race, enunciated at Runnymede, developing by a slow but natural growth in English history, sanctioned in the Petition of Right, the Revolution of 1688, and the Declaration of Rights, achieved for us in our own Revolution, and illustrated by the implied powers of Congress and the more directly exercised powers of the House of Commons. It is a corollary of this doctrine that the President of the United States, to whom in the veto and in his peculiar relations to the Senate our Constitution gives a very real legislative function, should associate himself closely with Congress, not merely as one who may annul but also as one who initiates policies and helps to translate them into laws. In his Congressional Government, begun when he was a student in Princeton and finished before he was twenty-eight years old, Mr. Wilson clearly indicates his dissatisfaction with the tradition which would set the executive apart from the legislative power as a check against it and not a cooeperating element; and it is a remarkable proof of the man’s integrity and persistent personality that one of his first acts as President was to go before the Congress as if he were its agent.
If any proof of his democracy were required, one might point to his rather surprising statement, which he has repeated more than once, that the chief value of Congressional debate is to arouse and inform public opinion. He regards the will of the people as the real source of governmental policy. Yet he is very impatient of those theories of the rights of man which found favor in France in the eighteenth century and have been the mainspring of democratic movements on the Continent of Europe. He regards political liberty, as we know it in this country, as a peculiar possession of the English race to which, in all that concerns jurisprudence, we Americans belong.
The other safeguard against arbitrary action by the combined legislative-administrative power is, he declares, national respect for the spirit of those general legal conceptions which, through many centuries, have been making themselves part and parcel of our racial instinct. He perceives that the British Constitution, though unwritten, is as effective as ours and commands obedience fully as much as ours, and that both appeal to a certain ingrained legal sense, common to all the English-speaking