and unhampered by legislative restrictions, devising in the twentieth century a new constitution for a large country which does not share the special traditions of the American people. In the result we notice some very important departures from the principles of American government as they have been developed within the borders of the United States.

ment

The preamble of the statute contains an express disclaimer of any annexationist aims, and an unequivocal assertion of the intention of the United States to make the Philippines fully independent "as soon as a stable governcan be established therein." This is followed by a "Declaration of Rights," similar in most respects to that found in the state constitutions, and including the prohibition against any law "impairing the obligation of contracts. Except for the matters mentioned in this preliminary section, the legislature of the islands possesses "general legislative power, a phrase which recalls that used in the Canadian Constitution, "power to make laws for the peace, order, and good government of Canada." There is no attempt to reproduce the elaborate limitations upon legislative authority which appear in every state constitution. Except for the somewhat vague restrictions contained in the "Declaration of Rights," the legislature of the Philippine Islands would appear to be very nearly a sovereign parliament within its own area.9

It is forbidden to create a public debt of more than $15,000,000. There are also some restrictions intended to prevent the abuse of legislative power in the interests of corporations.

The governor-general and vice-governor are appointed by the president and Senate of the United States, and the heads of executive departments are appointed by the governorgeneral with the advice and consent of the Philippine Senate. The complete control of all the executive departments is expressly given to the governor-general, which marks a return to the theory of the unified executive and a definite repudiation of the principle adopted in the state constitutions. The governor-general is directed to present to the legislature an annual budget, an instruction which implies an approximation to the principle of executive control of finance. This control is not safeguarded by the Canadian rule which prohibits private members from initiating financial proposals, but by a rule enabling him to veto particular items in an appropriation bill.

The governor-general is given a veto upon all legislation. His veto may be overruled by a two-thirds vote of both houses, but in such a case the bill in question must be submitted to the president, whose discretion in the matter is uncontrolled. Since the governor-general holds his office at the pleasure of the president, it is probable that in most instances the president's views upon any question of local interest will coincide with his own, so that the executive control of legislation is practically complete. Congress reserves to itself the unqualified right to legislate for the Philippines in any way that it pleases, thereby asserting a completely sovereign

authority which it does not possess within the frontiers of the United States.

The inferior judges are appointed locally, but the judges of the Supreme Court are appointed by the president and Senate. No provision is made for the election of any judicial officers. Appeals from the Islands can be carried to the Supreme Court at Washington.

Looking at the Philippine constitution as a whole, we see here a clear example of the co-ordination of powers, as distinguished from that theory of the separation of powers which has dominated American political history, particularly in the several states. If we may use the terms which are familiar to students of British colonial policy, we may say that the Philippines have been granted "representative" but not "responsible" government. That is to say, the legislature is autonomous, but the executive is responsible to Washington, and in cases of conflict between the executive and the legislature the last word rests with the president of the United States.

The new constitution is a genuinely American contribution to political science, and is in no way copied from foreign examples, though it bears every evidence of a willingness to learn from the experience of other nations. Being truly American, it may prove to be an experiment of great importance in the political his-. tory of the United States. It will give the American people the opportunity of testing by practical experience the working of the

principle of the co-ordination of the powers of government in accordance with a plan devised by themselves. In the course of time it is possible that the knowledge so gained may have considerable influence upon constitutional law and practice within the Union.

A somewhat similar constitution for Porto Rico was enacted by Congress in 1917. In this case the island has been permanently annexed to the United States.

CHAPTER VII

THE BODY AND THE MEMBERS

In the American Union the legal relations of the federal power to that of the several states are governed by a doctrinal theory which rests in part upon a historical fact and in part upon a historical fiction. The fact is that the thirteen colonies which attained their independence were consumed by mutual jealousies and hatreds, and that these passions were sufficiently strong to prevent them from consenting to a completely effective federal union. The fiction is that they were thirteen sovereign and independent states, which agreed to surrender certain specified parts of their sovereign powers to a new national government to be erected by the will of the American people. For this fiction there was never any real political basis. During the colonial period the colonies had of course been bound together by their common dependence upon Great Britain. During the war they were united by the bonds of military necessity, although the efficient conduct of operations was gravely impeded by sectional jealousies and by the lack of a sufficient central authority. While the war was still in progress they formed a new union in 1781 under the very