New-York tribune., 1919-03-24
A Congress or a Reichstag?

"A congress or q NelCI1SldRs
Gouverneur Morris, the actual writer
of the Constitution, declined writing a
history of the instrument, saying it was
better to let the text speak for itself.
Then he added this reflection:
"But, after all, what does it signify
that men should have a written constitu-
tion, containing unequivocal provisions
and limitations? The legislative lion
will not be entangled in the meshes of
logical net. The Legislature will always
make the power it wishes to exercise"
Things have not turned out as Gou-
verneur Morris expected. The legisla-
tive lion may not be enmeshed in
logical net, for logic and the text of the
Constitution are with Congress, but it is
more and more entanged. Cack of the
present debate looms supreme internal
question-namely, whether our govern
ment is to lose its old character of one
of separated powers and to become highly
centralized, with a President, in effect,
dictator.
Washington and Adams scrupulously
regarded the limits of the Constitution.
Washington sat with the Senate when
foreign relations were under considera-
tion, not only formally asking its con-
sent but consulting it in very real
way.
Then, under the leadership Of strong
Judge, the judicial power began to rise
Marshall successfully asserted the right
Of the Supreme Court to judge the va
lidity OF every act Of Congress- Then
the court began TO mpingc OH the ex-
ecutive power. "Thieves Of jurisdic-
ton" shouted the alarmed Jefferson
and set up the doctrine that each depart
ment, without review, should judge for
itself It's powers under the Constitution.
The court drew back and rcfrained from
asserting a power to review Executive
acts.
Next came Jackson. In the Cherokee
cases the court gave decision he did
not like and he grimly said "rhey have
their decision; let them enforce it,"
The mild and constitutional Lincoln
although often accused Of usurpation
left the government, except for an en-
largcment Of the Presidents powers AS
military commander in chief, practically
as he received it,
Under Cleveland and Roosevelt it be-
came the practice for President to
have legislative policy which he sought
to jam through Congress, but there was
no marked departure. If there was any
Ia1 ,t.o
cence of the power Of the judiciary
The present President came to office
with matured ideas touching the preroga-
tives of the Executive. He worked ac-
cording to fixed plan in small matters
as we'll as in big Executive and legisla-
tive power should be, he held, in the
same hands to secure an efficient and
coordinated government. This integra-
tion is attained in other countries by the
Cabinet system. A committee of the
legislature, under the leadership of a
prime minister, makes the laws that it
enforces. President Wilson saw himself
as prime minister, but without the
limits by which a prime minister is
bound-that is, without responsibility to
a Parliament. A President cannot be
voted out, yet the President assumed
that the Executive should enioy the
privileges, while he escaped the obliga-
tions, of prime minister.
The purpose to reduce Congress to
practical impotency is now conceded.
The White House has sent bowstrings
% Congressman who dared to be inde-
rndent. One can hear in imagination
nc words of Cromwell "Sir Harry
"ane, Sir Harry vanc, you will rue this
day." Not only have particular districts
been told whom to elect, but the whole
country has been instructed to listen
and obey The query has risen in thou
sands Of minds: why Congress at all,
with its great expense?"
Republics have gone down in two
ways--the Athenian way Of making life
intolerable to the average man by uni
vcrsai disturbance and general wreck
ing, method Russia is now apply
ing. The other way is Roman--the way
employed by Augustus when he centred
all authority in an Imperator. At Wash
ington there il imitation Of Augustus
rather than Of the Athenian dema-
gogucs. Congress is to continue, but as
a body of automatons.
The undertaking moves rapidly. A
treaty which is not only TO end a par
ucular war but to bind the future with
respect TO most vital political matters
~ being desigDedly drawn to make rati-
neation by the Senate mere form. The
PRESIDENT seems TO propose nothing