Repository: UIHistories Project: War Publications - WWI Compilation 1923 - Article 48 [PAGE 4]

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outweigh the advantage** of efficiency which are claimed for the bureaucr.itu system. In short democracy serves as a training for citizenship. Queries: Ar# dt> moors y and efficiency in government necessarily incompatible? What conditions and limitations are essential ti> the success of democratic government? How does the German conception of democracy differ from the American conception? Dangers of democracy: ignorance, indifference, demagogy. (Compare Bolshevism: government by a single class—the proletariat.)

C.

In Respect to C o n s t i t u t i o n a l Safeguards

1. What is Constitutional Government? It is government organized and conducted in accordance with certain fundamental rules, either conventional or customary, which are binding upon those who exercise authority. It is therefore a government of "laws and not of men" 2. How Framed. In the United States constitutions are framed by popularly elected conventions and are generally submitted to the voters for their approval or disapproval. Compare the German state constitutions which were "promulgated" by kings and princes and which may be abrogated by them. What is the American view of such a constitution? 3. How amended. In the United States the state constitutions are amended by the action of the voters (upon proposal by the legislature or by popular initiative). In England, Germany and France the constitutions may be amended by the Parliaments. No distinction is made between the constituent and the legislative powers. Note that in Germany 14 negative votes in the Bundesrath may defeat an amendment and that the Emperor controlled 21 votes in that body. 4. Character. A distinguishing characteristic of American constitutions is that they are not only instruments for the granting of powers but instruments of limitations and prohibitions. Compare the English constitution which sets no limits to the power of Parliament French and German constitution: limitations on the powers of Pari In the United 5. Supremacy of the Constitution over u r a i n a r y iaw. States the courts have the power to maintain the supremacy of the constitution by refusing to enforce a statute which is contrary to the constitution. In England, France, Germany and most of the other countries of Europe, the courts have no such power. If therefore the legislature in those countries passes a law in contravention of the constitution the law is nevertheless valid and there is no judicial recourse against its enforcement.

D. In Respect to Liberty.

1. Constitutional Protections. The American constitutions are not only instruments of government but also charters of liberty (First eight 5

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