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Main currents in American thought An interpretation of American literature from the beginnings to 1920

Vernon Louis Parrington

The veto-power as a protective principle Calhoun regarded as the hallmark of constitutional government. Granted that sovereignty under the Constitution inheres in the people, and that all authority is delegated, it follows that government is no more than an agent with strictly defined fiduciary powers, all the acts of which are subject to review by the principal. Whether such review shall be immediate and plenary, or at more or less remove and limited, becomes therefore a fundamental question of constitutional polity. Unfortunately much confusion has resulted from an intentional vagueness, contributed by interested groups to further particular ends, in the common understanding of the terms, the people and government. The former is rarely, as is usually assumed, a homogeneous body with common interests, but a congeries of individuals and groups and classes with diverse and often antagonistic interests; and the latter--in a republic--is never a sacred entity, the residuary legatee of sovereignty, to criticize which is to commit the crime of _lèse-majesté_, but a group of officials invested with temporary authority and actuated by motives common to all men. A necessary preliminary, therefore, to an intelligent understanding of the principle of veto is a critical analysis of these much misunderstood terms. Calhoun was far too honest a realist to be under any hallucinations in regard to political government. He estimated at its full significance “the never-ending audacity of elected persons.” Power he knew to be the most insidious of poisons; every government is liable to the disease of auto-intoxication. Seated securely in office the agent assumes all the prerogatives of the principal and clothes his acts with the sanctity of sovereignty. Armed with the taxing power, he distributes penalties and benefits with partial hand, and unless an adequate defense protects the weaker interests they will suffer a legal exploitation. Every government justly rests under suspicion, and only the most critical scrutiny of its conduct can keep it decently honest. Popular government, from which the Republicans hoped too much, changes only the outward form of the selfish struggle for power by substituting party rule for class rule. With its disciplined party machine the lure of political spoil encourages the most shameless exploitation of the weaker groups, who have no recourse.[403] Hence, the more popular the government, the more ruthless becomes the majority rule; and any system of checks and balances that does not adequately restrain this inherent tendency of party rule must prove a failure. However carefully the political philosopher may provide for a division of powers among executive, legislature and judiciary, he must fail of his object, for a regnant majority will control all three branches of government, and thus intrenched will defy the protests of the minority. The Montesquieu theory had proved a failure in practice. An even greater danger, in Calhoun’s judgment, lay in the current misinterpretation of the term “the people,” the result of which was the obscuring of the economic basis of society and the befuddling of the whole problem of government. To this disastrous result, he believed, both schools of political thought had contributed. The early Republicans had oversimplified the political problem by assuming a clear division between ruler and subject. The conception was a heritage from European experience, where it had taken form as a strategic move to align the unthinking mass against a despotic monarchy. The Jeffersonians had used it to like purpose in their struggle against consolidation, appealing to a common democracy against the aristocracy. The early Federalists were even more blameworthy, for, understanding clearly the economic origins of political power and the economic ends served by the political state, they made their knowledge serve their interests and concealed their designs by deceptive appeals to patriotism. Every realist knows that “the people” is a political fiction. Society is made up of individuals, each with his particular interest. The total interests of the subject-citizens are necessarily complex. Group and classify them as he may, the political philosopher can never merge the parts in a coalescing whole, but must recognize that the problem remains one of adjustments and compromises. It follows therefore that any facile assumption that government represents the people or rests on the will of the people is a disastrous fallacy. Popular government rests on the will of the majority; aristocratic government rests on the will of the aristocracy; and despotic government rests on the will of the despot. It is an axiom that the political state is partisan to those who administer it. The stakes of rulership are high; the game of politics never lacks its devotees; the business of deceiving the people in order to pluck the goose has long been one of the respectable professions. The perennial problem of constitutional government, then, in Calhoun’s philosophy, remains what it was seen to be by the Federalist followers of Montesquieu--the problem of restraining government by constitutional checks to the end that it be kept just. Existing machinery having demonstrated its inadequacy, it remained to provide more effective. Freedom Calhoun regarded as the crown jewel of civilization, hardly won, easily lost. But freedom was not to be measured by _habeas corpus_ acts and similar legal restraints on tyranny; it was freedom from legal exploitation and statutory dictatorship. “The abuse of delegated power, and the tyranny of the stronger over the weaker interests, are the two dangers, and the only two to be guarded against; and if this be done effectually, liberty must be eternal. Of the two, the latter is the greater and most difficult to resist” (_Works_, Vol. VI, p. 32). In more definite terms the problem is thus stated: Two powers are necessary to the existence and preservation of free States: a power on the part of the ruled to prevent rulers from abusing their authority, by compelling them to be faithful to their constituents, and which is effected through the right of suffrage; and a power to compel the parts of society to be just to one another, by compelling them to consult the interest of each other--which can only be effected ... by requiring the concurring assent of all the great and distinct interests of the community to the measures of the Government. This result is the sum-total of all the contrivances adopted by free States to preserve their liberty, by preventing the conflicts between the several classes or parts of the community. (_Ibid._, Vol. VI, pp. 189-190.) In elaboration of the second phase of the problem Calhoun contributed the principle on which his reputation as a political thinker must rest--the doctrine of a concurrent majority. He found his solution in an expansion of the principle of democracy--recovering the true principle, he was fond of insisting--by superimposing upon the consolidated, indiscriminate numerical majority the will of a geographical majority; or in other words, by a special form of sectional referendum. It results, from what has been said, that there are two different modes in which the sense of the community may be taken: one, simply, by the right of suffrage, unaided; the other, by the right through a proper organism. Each collects the sense of the majority. But one regards numbers only, and considers the whole community one unit, having but one common interest throughout; and collects the sense of the greater number of the whole, as that of the community. The other, on the contrary, regards interests as well as numbers;--considering the community as made up of different and conflicting interests as far as the action of the government is concerned; and takes the sense of each, through its majority or appropriate organ, and the united sense of all, as the sense of the entire community. The former of these I call the numerical, or absolute majority; and the latter, the concurrent, or constitutional majority. (“A Disquisition on Government,” in _Works_, Vol. I, p. 28.) In such speculation on the possibility of achieving political justice by the machinery of representation, Calhoun was face to face with a revolutionary conception--the conception of proportional economic representation. The idea was implicit in his assumption of an existing economic sectionalism that must find adequate expression through political agencies. He had come to understand the futility of a miscellaneous numerical majority; he had only to go back to eighteenth-century philosophy and substitute economic classes for economic sectionalism, finding his social cleavages in economic groups instead of geographical divisions, to have recast the whole theory of representation. Clearly, he had made enormous strides in his thinking. He had long since put behind him the philosophy of Jefferson. He had subjected the principle of democracy to critical scrutiny. But instead of rejecting it as an unworkable hypothesis, as the Hamiltonian Federalists had done, he proposed to establish it on a sound and permanent basis. The ideal of democracy he conceived to be the noblest in the whole field of political thought, but misunderstood and misapplied as it had been in America, it had become the mother of every mischief. This betrayal of democracy he laid at the door of the Jeffersonians. They had accepted too carelessly the romantic dogmas of the French school, and had come to believe that democracy was synonymous with political equalitarianism. It was this false notion that had debased the noble ideal, and delivered it over to the hands of the mob. To assert that men are created free and equal is to fly in the face of every biological and social fact. The first business of the true democrat, therefore, was to reëxamine the nature of democracy and strip away the false assumptions and vicious conclusions that had done it incalculable injury. The Greeks, he pointed out, understood its essential nature better than the moderns. Democracy assumes a co-partnership among equals. Its only rational foundation is good will, and it can function only through compromise. From this it follows that in a society composed of high and low, capable and weak, worthy and unworthy--as every historical society has been composed--a universal democracy is impractical. The numerous body of social incompetents will suffer one of two fates: they will be exploited by the capable minority under the guise of free labor, or they will be accepted as the wards of society and protected by the free citizens--they must inevitably become either wage slaves or bond slaves, in either case incapable of maintaining the rights of free members of the commonwealth. Democracy is possible only in a society that recognizes inequality as a law of nature, but in which the virtuous and capable enter into a voluntary co-partnership for the common good, accepting wardship of the incompetent in the interests of society. This was the Greek ideal and this ideal had created Greek civilization. Calhoun was thus brought face to face with the natural-rights theory, which the glowing rhetoric of the Declaration of Independence had disseminated throughout America, and which lay as a virus at the heart of Jacksonianism. To destroy that theory, he believed, was a necessary preliminary to any rational theory of democracy, and he turned to the business with characteristic frankness. Upon the venerable dogmas he threw the light of his realism, subjecting them to critical analysis. The origin of government in compact was only a myth. The amiable being