Turning from the question of how far the main purpose of the national government has been achieved, we meet the question of how far the constitution has fulfilled the intention of its framers, as regards the government it established.
The object of the framers was to create three separate and distinct departments, so balanced as to powers and force that they should be safe from each other. Time has shown that they succeeded. In 1801–03 the legislative and executive branches united in an attack on the judiciary, removing judges appointed for life, and even suspending the sitting of the Supreme Court, but without permanent results, and the judiciary maintained its power and independence. During the Civil War the President by his assumption of "war powers" reduced the power of Congress materially, but when the necessity was passed, it was found that the legislative branch had lost no real prerogative. In 1867 Congress savagely attacked the President, but the Executive influence and strength suffered no diminution.
By the division of the Congress into two chambers, so that both a majority of the people and a majority of the states should be necessary for legislation, it was hoped that both the people and the state governments would be protected from national encroachment, and this end has been realized. Its secondary purpose of acting as a check on hasty and unnecessary law-making has likewise been fulfilled. At moments the diverse composition of the two bodies has resulted in material disagreements, which have produced angry controversies. For the time these have put one of the branches out of public favor, and usually this has been the Senate—which was inevitable, since its very purpose was to check the will of the majority of the people. Eventually, however, accord has always been obtained, and in looking back over a hundred years of Congressional legislation the disagreements are found to have had very little influence on our history.
Both Houses of Congress have made continual at-
