Chester, Alden, Legal and judicial history of New York (v.2)

(New York :  National Americana Society,  1911.)

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CHAPTER XVIII

BRIEF SUMMARY OF CONSTITUTIONAL CHANGES SINCE ORGANIZA¬
TION OF STATE—CHECKS UPON LEGISLATIVE ACTION IMPLY NO
DISTRUST OF DEMOCRACY—INITIATIVE, REFERENDUM, RECALL;
EXTENT OF THEIR EMPLOYMENT IN NEW YORK—NO REAL
DANGER OF ENCROACHMENT BY THE NATION UPON THE PROV¬
INCE OF THE STATE—GREATNESS OF THE STATE DEPENDS UPON
ITS OWN PEOPLE—UNIVERSAL SUFFRAGE, AND ITS VALUE IN
THE HISTORY OF STATE AND NATION—ASSURED FUTURE OF
DEMOCRACY—THE PLACE OF THE LAWYER—CONCLUSION.

Almost a complete constitution was established during
colonial days. With a clause to indicate change of allegiance, and
a few other modifications, the charter of the colony might, as
actually happened In the case of Connecticut, have become the
first constitution of the State. A generally aristocratic government
by a few wealthy families has since been transformed into a
representative democracy with manhood suffrage. The three co¬
ordinate branches of sovereignty have gradually gained In sharp¬
ness of outline notwithstanding that at times one or another has
seemed to be dominating.^ To distrust of the executive has suc¬
ceeded almost undemocratic reliance upon It. To an era when
the policy of internal improvements had unbroken  sway suc-
 

I. In this respect the history of the state is similar to that of the
nation. Webster denounced, what he styled executive usurpation on Jack¬
son's part; in the reconstruction period Congress seemed to absorb an
undue fraction of governmental power; today the complaint with some is
that the executive assumes too great authority; with others that the courts
overshadow the legislature and have really become an additional legislative
body with a veto upon much legislation.

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