Evening star., 1920-03-14
SAY ARBITRARY POWER
IN u. S. SHOULD CEASE
Statesmen With Faith In the Constitution
Would Restore Form of Government
g. Its Framers Founded.

propriations for their local projects
Just as soon as this government Of
ficially ceases to be at war much
more definite action toward reas-
sumption of legislative authority
and curtailment of executive domi-
nation will be noted.
Back of it all is the Constitution.
drafted way back in 1887.
The distinguishing feature of the
American system of government,
which makes it stand out from all
separation of the three departments
Every government. no matter how
despotic. exercises legislative. execu-
tive and judicial functions. In that
respect Turkey. until recently the
most despotic: Switzerland, the most
democratic, and the United States,
the best type of republican form of
government, do not differ. The real
point of difference is that the three
functions in despotic Turkey were
combined in the executive, who made
the laws enforced the laws and in
terpreted the laws In Switzerland
they are combined in the legislature.
In the United States they are distinc-
tive, not only in organization, but in
their exercise of their peculiar func-
tions-they are physically and we'll
as governmentally separated.
In the United States system while
the three-legislative, executive and
judicial-are interdependent in a
sense in the exercise of their func-
tions. neither is interfered with by
the other. The executive may be i'm
peached by the House and, upon con-
viction by the Senate, removed from
office: the legislative may be checked
by executive veto; the Supreme Court,
although appointed by the executive,
may be circumscribed as to its size
by the legislative, and the Supreme
Court can put check on Congress
by declaring a law null and void.
Thus they are a check and a balance
to hold each other within the range
Of their interdependence. but neither
one would consult with the other or
take orders as to its rights under the
This nice relationship of checks
and balances has been studiously re-
spected with the force of constitu-
tional authority from the beginning
Of the nation. The balance was some
what interferede with by Andrew
Jackson and Grover Cleveland. to |
1 limited extent. and somewhat also |
oy Theodore Roosevelt. But never as |
much SO as during the administration |
Of President Wilson. leaders Of his |
own party, as well as the republican
majority in Congress. point out.
Notable Incidents Cited.
For example, even before the world
war. in the matter of the canal tolls,
the law preferential to the
coastwise shipping. Champ Clark left
the Speakers chair to fight the meas
ure when the President forced it over
the leadership of Underwood and
in the invasion of Mexico, when
troops were sent across the border
and the Navy was sent to Vera Cruz
and troops landed-that was war. It
is the function of Congress to de-
clare war. but in that case the ex-
ecutive acted. Still further. ne told
he must go and put Carranza in.
The danger of President Wilson's
effort to extend the executive function
over the legislative, those who swear
by constitutional government insist, is
not the result of impulse so much as
his conception. Of political theory.
which holds that Congress is not the
of the people. but that
tho President is. This theory. they
point out, was elaborately discussed
in his lectures at Columbia University
in laos. His view is well expressed in
his dictum that the executive should
make himself as influential over the
legislative as his ability will allow.
This principle has been followed ever
since his inauguration, the leaders in
Congress contend.
During his regime there has grown
up a practice of sending to Congress
from the executive department a bill
drafted by some department head.
with implied instructions that it must
pass.
How Congress Funcdoned.
Without partisan bias it Is admitted
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