The makers of the Constitution earned in a manner the full praise that has ever since been bestowed on them. But they did not, as it has often been suggested they did, create a sort of archetype and pattern for all Governments that may hereafter partake of a federal character. Nor has the curious machine which they devised—with its balanced opposition between two legislative chambers, between the whole Legislature and the independent executive power of the President, between the governing power of the moment and the permanent expression of the people’s will embodied in certain almost unalterable laws—worked conspicuously better than other political constitutions. The American Constitution owes its peculiarities partly to the form which the State Governments had naturally taken, and partly to sheer misunderstanding of the British Constitution, but much more to the want at the time of any strong sense of national unity and to the existence of a good deal of dislike to all government whatsoever. The sufficient merit of its founders was that of patient and skilful diplomatists, who, undeterred by difficulties, found out the most satisfactory settlement that had a chance of being accepted by the States.
So the Colonies, which in 1776 had declared their independence of Great Britain under the name of the United States of America, entered in 1789 into the possession of machinery of government under which their unity and independence could be maintained.
It will be well at once to describe those features of the Constitution which it will be necessary for us later to bear in mind. It is generally known that the President of the United States is an elected officer—elected by what operates, though intended to act otherwise, as a popular vote. During the four years of his office he might roughly be said to combine the functions of the King in this country and those of a Prime Minister whose cabinet is in due subjection to him. But that description needs one very important qualification. He wields, with certain slight restrictions, the whole executive power of government, but neither he nor any of his ministers can, like the ministers of our King, sit or speak in the Legislature, nor can he, like our King, dissolve that Legislature. He has indeed a veto on Acts of Congress, which can only be overridden by a large majority in both Houses. But the executive and the legislative powers in America were purposely so constituted as to be independent of each other to a degree which is unknown in this country.
It is perhaps not very commonly understood that President and Congress alike are as strictly fettered in their action by the Constitution as a limited liability company is by its Memorandum of Association. This Constitution, which defines both the form of government and certain liberties of the subject, is not unalterable, but it can be altered only by a process which requires both the consent of a great majority