588 CONSTITUTIONAL LAW 



legal procedure, and would, probably, be as bloodless as that of 

 1787. 



The third great problem of the constitutional law of the present 

 is, as I conceive it, the fixing of the fundamental relation between 

 the legislative and executive branches of the government. The 

 experience of the world has developed three fundamental systems 

 of practice in regard to this subject. We may term them the presi- 

 dential system, the parliamentary system, and the directorial system. 

 The principle of the first is substantial independence between the 

 executive and the legislature, both in tenure and procedure. The 

 tenure of the executive does not, according to this principle, originate 

 in the legislature, and cannot for merely political reasons be deter- 

 mined by the legislature; that is, the legislature cannot impeach, or 

 require the resignation of, the executive or his ministers merely 

 on account of political disagreement with them. Nor, on the other 

 hand does the tenure of the legislative members originate in the 

 executive nor can the executive terminate their term by dissolution. _ 

 Neither the executive nor any of his ministers have seat or voice or 

 vote in the legislative chambers, but, on the other hand, the execu- 

 tive is furnished with a veto power upon all legislative acts prac- 

 tically strong enough to secure his prerogatives against legislative 

 encroachment. 



The principle of the second, the parliamentary system, is sub- 

 stantial harmony between the executive and the majority party 

 in the legislature. This is established and maintained by the con- 

 stitutional requirements upon the executive to take his ministers 

 from the leadership of the majority party in the legislature or the 

 more popular chamber thereof, to follow the advice of his ministers, 

 and to dismiss them from office, generally through the form of 

 voluntary resignation, when they fail to receive the support of that 

 majority upon fundamental questions, or else to dissolve the legis- 

 lature or the lower chamber thereof, and appeal to the voters to 

 restore the lost harmony, whose decision must be acquiesced in by 

 all. Under this system the real executive is the ministry. It bears 

 the responsibility for the executive acts. Its members have seat, 

 voice, and vote in the legislative chambers, but no veto upon legis- 

 lative acts. 



The principle of the third, the directorial system, is the complete 

 subordination of the executive to the legislature, that is, complete 

 control of the executive tenure by the legislature, entire responsi- 

 bility of the executive to the legislature, no power of dissolving the 

 legislature or either branch thereof in the executive, no seat, voice, 

 or vote in either of the legislative chambers except by order or per- 

 mission of the chambers, and no veto upon legislative acts. On the 

 other hand, while the executive is, as a rule, permitted to introduce 



