274 THE POPULAR SCIENCE MONTHLY 



THE FIVE-FOLD FUNCTIONS OF GOVERNMENT 



By W J McGEE, LL.D. 



ORGANIZATIONS, like organisms, are products of development. 

 Governmental organizations, like most others, are increasingly 

 designed and shaped in the light of conscious experience. Thus, the 

 constitution of the United States epitomized the lessons of history so 

 far as recognized by its framers, whereby the instrument became the 

 embodiment of governmental practise and theory gained through known 

 experience. Naturally, by reason of the ability of the framers and the 

 stress under which they wrought, the instrument is notable — certainly 

 among the most notable ever produced, whatever be thought of Glad- 

 stone's view as to the divinity of its inspiration. Naturally, too, the 

 framers specified most clearly those governmental powers with which 

 they were familiar and which they most desired to adopt : and, no less 

 naturall} r , their action was guided quite as much by the wish to elimi- 

 nate that which they thought objectionable as by the aim to perpetuate 

 that which they deemed desirable. Seeing that government is an ex- 

 pression of law, their first care was to provide for the framing of laws, 

 the second to provide for the execution of these laws, and the third to 

 provide for the interpretation of law; and in this way arose what came 

 to be known as the " three coordinate branches " of the United States 

 government. The branches are indeed coordinated, though they are far 

 from coequal, since the power of creating the third is entrusted to the 

 second " by and with the consent " of a part of the first ; yet they by no 

 means constitute the entire government — as becomes clear in the light 

 of earlier phases of social organization made known largely since the 

 instrument was framed, no less than in that of discussion before and 

 during the framing of the constitution. 



Early in that primitive social type in which tribal organization rests 

 on consanguinity traced in the female line, the elder-woman is both law- 

 giver and judge, while her elder-brother acts as an executive in case 

 of need, and the two jointly or severally exercise administrative author- 

 ity throughout the clan ; later the elder-women become priestesses or 

 seeresses still giving and interpreting the clan laws, and their elder- 

 brothers form an avuncular council of gradually increasing executive 

 and administrative powers; yet at every step all primary power is 

 imputed to a mystical pantheon of which the beldames are only vicars 

 and the sages merely indirect agents. In the next stage of development 



