to three departments. This is true of the American government in all its gradations. In the government of towns and cities1 and States, as well as in the government of the nation, three departments are in operation, each doing a work that is peculiarly its own.

The Legislature. The most powerful and in some respects the most important department is the legislature, which expresses the will of the people in the form of laws. Almost every subject relating to the safety and welfare of society may come within the scope of legislative action. One of the most important powers of the legislature is to provide money by means of taxation for the support of government. In the United States it is a general rule that the legislative department shall consist of representatives elected by the people for short terms. The legislature does not sit in continuous session, but adjourns and disperses when the proper and necessary laws have been made.

The English parliament as originally constituted (1295) consisted of the representatives of four classes, (1) the nobility, (2) the clergy, (3) the knights, or representatives of the shires, (4) the burgesses, or representatives of the towns. Here was a legislature of four branches. Before the end of the fourteenth century the clergy were sitting and voting with the nobility, and the knights and burgesses were sitting and voting together. The four branches were thus reduced to two, the nobility and clergy constituting the House of Lords, and the knights and burgesses the House of Commons. In the colonies the English system of a bicameral legislature was quite generally imitated. Of the States formed at the time of the Revolution only three had legislatures of a single branch. At the present time the legislature of the nation (Congress) and the legislatures of all the States and those of most of our cities consist of two branches, an upper and a lower house. The upper house (often called the senate) usually consists of members 1 For exceptions to this rule see p. 222.

who are older than members of the lower house, and who are elected for longer terms. The lower house is, on an average, about three times as large as the upper house. A measure must always pass both houses before it becomes a law.

Why is it necessary to have two separate bodies of men to pass a law? Experience, which has taught us so much about government, seems to decide in favor of two houses. Legislatures of a single house have been tried, and it has been found that they do not always act with sufficient deliberation. An anecdote related of Washington teaches very well the advantage of having two houses: Jefferson once, while dining with Washington, attacked the bicameral system as being clumsy and mischievous. Washington defended the American plan. "You yourself," he said, "have proved the excellence of two houses this very moment." "I?" said Jefferson, "how is that, General?" "You have," replied Washington, "turned your hot tea from the cup into the saucer to get it cool. It is the same thing we desire of the two houses." When a law must pass in two branches there is an opportunity for that sober second thought which is so valuable in every sphere of action.

The Judiciary. Violations of law will occur; disputes will arise between men as to their rights under the law; questions as to the meaning and scope of a law will be raised. The power of trying offenders and of settling controversies between contending parties and of interpreting the meaning of the law is lodged with the judicial branch. The work of the judge is confined to the cases that are brought before him. If no cases are brought, then he has nothing to do. The judges are usually chosen by the people, although they are sometimes appointed, either by the executive or by the legislature. Historically, they are really representatives of the people, for they pronounce the justice which was originally dispensed by a popular assembly. It has become the practice of all nations to select for the judiciary men who

are skilled in the law, and who by temperament and char acter are competent to render just and lawful decisions.

The Executive. The enforcement of the laws made by the legislature, and the decisions made by the judiciary, and the preservation of peace and order are the functions of the executive branch. In this department reposes the physical force of the State. The executive has at its command armies and navies and will use them if necessary. In republics the chief executive officers are elected by the people. Executive power in modern times is usually vested in one person-a president, a governor, a mayor, a prince, a king, an emperor. The executive very frequently has the power of vetoing an act of the legislature, but the veto usually can be overcome by a two-thirds vote. The veto power is plainly a legislative power.

Independence of the Departments. Under our system each of the departments is quite absolute in its sphere, and quite independent of the other two departments. If one depart ment seems to another department to be going wrong the latter will refuse to coöperate with the former, and thus obstruct its action. Thus if the legislature passes an act which in the distribution of powers the judiciary thinks it has no right to pass, the judiciary may hold the act to be null and void as soon as a dispute arising under the act is brought before it. If the judiciary presumes to exercise powers that do not properly belong to it, the legislature may by appropriate laws check the usurpation. If the executive goes strongly counter to the wishes of the legislature the latter may refuse to vote the money that is necessary to conduct executive business and thus stop the wheels of government. Thus by a system of nicely balanced powers and effective checks the independence of each department is secured.

The maintenance of this system of "checks and balances" is a perpetual task of citizenship. If the people

are not vigilant one department will encroach upon another and gather to itself power that does not rightly belong to it. The spirit of encroachment," said Washington, "tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism." As long as human nature remains what it is this "spirit of encroachment" will be present; it grows out of man's inborn love of power. Grant to a man a certain portion of power, and immediately he craves a larger portion. This disposition of one department to encroach upon another can never be smothered, but it can be effectually resisted. When one branch encroaches upon another and usurps its power, it does so simply by the natural operation of a superior force, and there is only one power that can check the usurpation, and that power is the people themselves: the voters can restore the balance by refusing to elect usurpers. If the people will always demand that there shall be no overreaching among the departments there is nothing to fear; but if they are remiss in this duty, sooner or later we shall witness the consolidation which Washington hoped might be averted.

QUESTIONS ON THE TEXT

1. Name the three departments of government and state the functions of each.

2. What division of governmental power was made in ancient times? 3. Give an account of the growth of the three-department system in England.

4. Give an account of the three-department system in the United States.

5. What are the powers of the legislature?

6. Trace the development of the bicameral legislature in England.

7. Why is the bicameral system better than other systems?

8. What powers are vested in the judiciary? How are these powers exercised?

9. What are the powers of the executive department?

10. Explain how one department may maintain its independence with respect to the other two.

11. Why is one department likely to attempt encroachment upon another? Can such encroachment be prevented?

SUGGESTIVE QUESTIONS AND EXERCISES

1. State to which of the three departments of government the following functions should be assigned: (a) The bombardment of a city by a fleet; (b) the sale of property for debt; (c) the execution of a murderer; (d) the sentencing of a thief; (e) the ordering of taxes to be collected; (f) the collection of taxes; (g) the dispersal of a mob; (h) the muzzling of dogs; (i) the declaration of a war; (j) the arrest of a man for disorderly conduct; (k) the construction of a bridge; (1) the regulation of the descent of property; (m) the settling of a dispute between the heirs of an estate; (n) the regulation of the speed of automobiles; (0) the determination of damages for injuries received in an automobile accident.

2. If power must consolidate, in which branch do you prefer that it will centre? Give your reasons.

3. Show that it would not be wise to have only two branches of government.

4. Write a description of an ideal judge.

5. Contrast the qualities which are desirable in a law-maker with those which are desirable in an executive officer.

6. Name the great law-givers of history.

7. Name several of the great executive geniuses of history.

8. Would it be wise to entrust the law-making power of a high school to the pupils? the judicial power? Give reasons for each answer.

9. Give reasons for the bicameral system in addition to those given in the text.

10. What would be the probable result if one of the departments of government should refuse to act in harmony with the others?

11. In the government of yourself you are actuated by conscience, judgment, and will-which of these is legislative, which executive, and which judicial?

12. Name the officers of government with whom you are acquainted, and state in which department each serves.

A Hint on Reading.-For a discussion of the subject of this lesson, see Woolsey's "Political Science," Vol. II, 258-347.