The Freeman 1972 - The Ludwig von Mises Institute

1972 PRINCIPLES OF THE CONSTITUTION 741principles of each of them as aform, Le., from rule by one, ruleby a few, and rule by the many.The Founders had considerabledifficulty devising a mixed governmentfrom a constituencywhich contained no fixed classes.As they saw it, it was very importantthat each of the branchesbe distinct from the other in themanner of its selection. A mixedgovernment was desirable, in thefirst place, because there were differingfunctions of governmentwhich could best be entrusted toone, to a few, or to many. But, ifthe functions were best performedin this way, the division shouldnot be watered down by having allthe branches chosen by the sameelectorate. Perhaps it would bemost accurate to say that theypartially solved the problem. Themembers of the House were directlyelected, and the number ofthem apportioned according topopulation. The Senate was to beelected by the state legislatures.This was natural enough and didbase the choice on two differentrealities. But they never hit uponany comparable reality from whichthe President could be chosen.Having him elected by an electoralcollege was an artificial expedientwhich, while it did give him anindependent basis of selection, didnot provide him with one that wasorganic to the country.Three Branches of GovernmentThere was much talk in theconvention of making each of thebranches independent of the other,and much was done to achieve thisprinciple. The branches were· notonly given different sources ofelection but also were providedprotections from one another. Thehouses of Congress make theirown rules, are judges of the electionsof their members, and jointlyset their pay. They have a constitutionallyestablished regulartime of meeting, and may adjournby agreement one house with theother. The President can protecthimself by the use of the veto andby his powers of patronage. Moreover,he is commander-in-chief ofthe armed forces as well as havingat his disposal the Federal constabulary.The members of thecourts are to be paid according toa regular schedule, their salariesnot to be reduced during theirtenure, which is for life or duringgood behavior.But there is no denying that thebranches are also interdependentand entwined in their operation.All legislation must pass bothhouses of Congress on the way tobecoming law. Even appropriations,which must originate in theHouse, must still pass the Senatebefore they can go into effect. ThePresident can veto acts of theCongress; in which case, such an