Page:American Journal of Sociology Volume 1.djvu/43

 Rh has been steadily growing more democratic and more republican.

Is it a failure?

There is no room for the cheerful optimism which sees only the glories of the republic. The true patriot must scan anxiously its dangers as well. And the thoughtful mind must admit that in our public life there are some undoubted and alarming evils.

Of these, perhaps, none is more grave than the disappearance of public confidence in our legislative bodies.

Our revolt from Great Britain was an escape from submission to a rule to which we did not consent. And we entered on a career of independence in cheerful confidence that now we should have our own way and all would be well. We would not be taxed by Parliament—a body in which we were not represented. We would be taxed only by our own legislatures. Our legislatures were the representatives of the people, and surely the people could govern themselves.

But gradually it was learned that these representatives could not altogether be trusted. This was a surprising revelation. But in the effort to guard the public against these agents of the public our state constitutions have been loaded with restrictions on the legislative power. A long and increasing series of acts has been flatly forbidden. The appointing power and veto power of the governor have been greatly increased. The courts have been carefully vested with the power of scrutinizing legislation and nullifying such as conflicts with the organic law.

In the first constitution of the state of New York almost nothing was expressly forbidden to the legislature. In the last constitution of that state there are pages of distinct prohibitions on that body, besides a considerable number of powers, once legislative, but now vested in other authorities.

The first constitution of Illinois gave the legislature the power of electing nearly all state officials below the governor. The present constitution of this state has taken away practically all this authority.

These are mere illustrations. To the student of the development of our state constitutions nothing is more striking than the