By Dr. Almon Leroy Way, Jr.,
POLITICAL SCIENCE 201H
THE AMERICAN SYSTEM OF GOVERNMENT:
GOVERNMENT & POLITICS IN THE U.S.A.
PART FOUR
THE AMERICAN CONSTITUTIONAL SYSTEM: ENGLISH ORIGINS
THE ENGLISH/BRITISH GOVERNMENTAL SYSTEM OF THE EIGHTEENTH CENTURY
According to colonial and early American perceptions, the Bloodless Revolution of 1688 and the Constitutional Settlement of 1689-1701 effected a restoration of the traditional English system of balanced government that existed and operated prior to 1603 — prior to the succession of James I to the Throne and the beginning of the Era of the English Revolution. The eighteentury century English/British governmental system, as seen by the colonists and early Americans, was the old system not only restored but also improved by a body of written fundamental law reducing the power of the Monarch, establishing the independence of the courts, defining more clearly the rights and powers of Parliament, and reaffirming the basic rights and liberties of individual English/British subjects.
What were the principal features of the British governmental system of the eighteenth century? What were the nature and significance of the relationships among the Crown, the two houses of Parliament, and the British courts? What is their relevance to American constitutional and political development? What important political ideas did the Framers of the United States Constitution derive from eighteenth century British governmental institutions and practices?
1. Major Characteristics of the Governmental System of Eighteenth-Century Great Britain:
The English Revolution and Constitutional Settlement, while leaving the Monarch in full possession of the executive powers of government, made it clear that the Crown was bound by and had to act in accordance with the laws of the Kingdom — laws that could be made, changed, repealed, or suspended only by Acts of Parliament, the enactment of which required the consent of both houses of Parliament as well as the assent of the Monarch. These laws of the Realm, which limited the King’s authority and according to which he and his ministers had to proceed, were interpreted by judges whose independence of the Crown was protected by their tenure of office during good behavior and their removibility only upon the address of the two chambers of Parliament. The royal administration, in exercising the powers and performing the duties of office, had to respect and observe the lawful rights of Parliament and those of individual British subjects.
The Monarch could not govern alone. He had to share governing authority with a powerful and independent bicameral Parliament, its two chambers meeting regularly and frequently, and its lower chamber popularly elected at relatively short intervals. The Crown could not dispense with Parliament, since the latter had control of public finance. Without the approval of the two houses of Parliament, taxes could not be levied, and government funds could not be spent. Parliament made annual appropriations of public funds, including those to maintain the armed forces. Hence, Parliament had to be convened, at least once every year, if the royal government was to secure the funds necessary for its continued operation…
