A New Constitution for a New America by William MacDonald Review by: Edward James Woodhouse The Journal of International

Relations, Vol. 12, No. 4 (Apr., 1922), pp. 585-587 Published by: Stable URL: http://www.jstor.org/stable/29738526 . Accessed: 04/10/2013 01:31
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BOOK REVIEWS A New

585

Constitution William MacDonald. for a New America. New York, B. W. Huebsch, 1921, 260 pp. It is interesting to find another liberal or moderate conservative or congressional in the presidential govern? advocating changes ment of the United States to make it like responsible parliamentary or cabinet government. In 1885 Woodrow Wilson's Congressional as a Ph.D. thesis in Johns Hopkins Government was published and one of the features of this analysis of the legisla? University, was the of the American tive procedure national government more in favor of securing of that govern? argument responsibility to the popular will and closer cooperation ment the between legislative and the executive departments. of the national Mr. MacDonald favors, not slight amendment secure to distant approach constitution toward cabinet govern? ment, but radical revision and a practical adoption of the British system, with a less powerful president and the senate retained as accidents, not approved but too firmly intrenched to be abolished, and so to be retained on sufferance as the British King of Lords. and the House Senators and representatives would be elected for four years by popular vote, under universal suffrage rules controlled by congress; "Any recognized occupational group in the State which numbered one hundred or more qualified voters a candidate should be at liberty to nominate for the House of or A at half of least the Representatives" (p. 136.) majority from each state would be chosen on a general representatives historical state-wide ticket by these groups, and the others would be elected at large, if five or less, or ifmore by districts. The president would be elected for a term of five years and be re?ligible. Individual senators and representatives would be subject to recall by their but Mr. MacDonald is opposed to the use of the constituents, in federal practice because "the great initiative or the referendum extent
serious

of the country
obstacles."

and

the great

size of the electorate

offer

The powers of congress would be increased, not only at the of the powers of but also in diminution expense of the president, of the states. Marriage and divorce, the creation and regulation in their operations and interstate or national corporations actually the entire control of all occupations and industries of interstate or national scope would be in the hands of congress. on the division of power Mr. MacDonald's general conclusions are summed up as follows: between federal and state governments as the result of political or economic development, "Wherever,

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586 any

BOOK REVIEWS

or industry or social activity, is not now which occupation control of the federal government clearly within the constitutional or interstate in scope, and hence is found to be in fact national the con? beyond the power of the state to deal with effectively, should be so amended as to give control to the United stitution is not clearly of such a character should be States. Whatever should be made as specific left to the states, and the constitution of in its indication of what is left to the states as in its indication what is given to the United States" (174). federal judges would be ap? this revised constitution, Under confirmation by either house of pointed by the cabinet without hold office during good behavior congress and would subject, or at the request of to removal either by impeachment however, of This method the senate and the house of representatives. secure the proper judicial independence, selection and tenure would for the allow removals on general grounds of unfitness, provide indis? the and and give experience requisite technical knowledge "It should of to the federal government. unity pensable quality and the be the function of the courts to interpret the constitution of creation The laws in the light of public opinion." (184) cases in? courts with in exclusive administrative jurisdiction law would relieve the pressure upon volving federal administrative of for the final adjudication other federal courts by providing internal to in administrative customs, regard arising questions revenue, immigration; health, transportation, public banks, as a distinct of cause administration to be recognized phase control and bring under competent national government; judicial and review executive practices, orders and instructions having for most practical purposes the force of law. in the book, and not all There are quite a number of points on in the field will take students incidental which ones, many Some of his sweep? with Professor MacDonald. issue vigorously are to statements serious open ing question and, in some cases are mere of assertions actually single sides of problems still in scien? and of history at present tific controversy students among
government.

and A belief in which many of American students history is his strong condemnation politics will not join Mr. MacDonald Even if he is right of the growth in the power of the presidency. than is better cabinet that responsible in thinking leadership presidential leadership, and the reviewer does agree in this view, has not been a it is hard to see that "presidential autocracy"

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BOOK REVIEWS

587

inefficiency and happy escape from, and a result of, congressional of even well refusal to respond to the occasional manifestations The people have looked considered and deliberate public opinion. in vain to congress since the Civil War and have received almost no response; naturally their demands and they have transferred as the organ most nearly willing to the president their backing and able to carry out their wishes. the power and the Assuredly should be more definitely placed by constitutional responsibility provision; but, until it is and as long as we keep the present con? seems frame of government, stitutional leadership presidential to offer the best use of that machinery. state? incidental In spite of any individual disagreement with or even with in this book, ments taken important positions has contributed to the literature of Ameri? Professor MacDonald one of the keenest can history and politics and best balanced of the United government analyses of the faults of the national or not one agrees with his remedies, his diag? States. Whether nosis is a most valuable aid to any reform of our national govern? and the lines of revision ment. The survey and evaluation, are most in and for them? and important interesting suggested more are still selves. striking when presented by a student They of Professor MacDonald. and teacher of the ripe scholarship of our national constitutional His indictment system and his changes are based on long and careful study of American of is no hasty book and government. This product history definite and but the deliberate judg? ignorance and inexperience It is and authority. ment of one who can speak with knowledge one of the most important books of the year and will cause much of the American if the thought-leaders discussion thoughtful a scientific interest are to and real develop people beginning again in politics. Edward James Woodhouse, Smith College. proposed New York, The H. W. Julia E. Johnsen, The Negro Problem. Wilson Company. one of the many is another The Negro Problem present day a royal road statement to Euclid's refute by providing attempts no attempt at original with to knowledge. synthesis Here, we an quote the pub? have,?to introduction, eight-page beyond .... of the Negro problem of today interpretation lishers/?"an or general The reader." debater for the student, "interpre

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