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G. P. PUTNAM'S SONS
NEW YORK AND LONDON
Tbe knickerbocker Press

En

10938

COPYRIGHT, 1915

BY

CORREA MOYLAN WALSH

342.7
W 22

Cbe knickerbocker Press, New Work

PREFACE

THE theory reviewed in this work is obsolete, but it

НЕ

was extensively in vogue at the time of the framing of our American constitutions. In fact, we live under arrangements produced by a modified form of it. Our State and Federal systems of two chambers and veto-possessing governors or presidents, are remnants of the old theory of mixed government. Luckily the entire theory was not carried out of having all the elements equal in the mixture; yet, unfortunately, it was applied to the extent of making two of them nearly so. Although the balance was not brought up to its ideal, the opportunity for obstruction was suffered to remain.

It is submitted that a theory which has passed away but which has left its effect, is highly deserving of study, and in its most perfect manifestation.

The study may also lead to practical results. The theory which presided at their birth being a thing of the past, the form still lasting of our governments is an anachronism, and the question arises whether it should longer continue. If there is no agitation on the subject among us at present, the recent experience through which Great Britain has passed-of a revival, first, of the power of the upper House, the troubles thereby caused, and the final relegation by law of that House to the place it had formerly sunk to by custom, -may

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