When the Constitution of the United States was pending for ratification, its supporters, in their public utterances, were disposed to minimize the powers which it conferred. This was the general tone of the Federalist. How far they might reach, indeed, was a question that only the future could fully answer. A set of traditions and usages and precedents must first grow up, under the Constitution, but outside of it.

Every one saw that much would depend on the views of Washington. Every one looked forward with confidence to his unanimous election as the first President. Every one saw that it would be left to him to decide whether he should be reelected. His refusal to stand for a third term founded a usage that has become as controlling as an express constitutional provision.

Washington took care that the judiciary should be composed of men who believed that Congress was not confined to the exercise of the powers expressly granted to it.

The year 1911 was characterized during its latter half by unusually high tension among the great powers of Europe. Latent rivalries and ambitions came to the surface in such a way as not only to endanger and even directly to disturb the peace of the world at the present time but also to threaten even graver complications for the future. Although in the controversies of the year interests of prime importance were not involved, yet the continued suspense and friction resulted in a very decided aggravation of international rivalry, and served especially to render more acute the chronic mutual suspicion between Great Britain and Germany. Consequently, notwithstanding all the efforts which had been made to bring about a better understanding and eventually to secure mutual engagements with respect to a limitation of armaments and a reduction of the tremendous burden of military preparation, there has developed a situation which is for the present very unpromising. In fact new efforts are being made still further to increase armaments, and the temper in which European nations find themselves is only too favorable to further exertions in this direction.

The “final crowning act to complete the temple of popular government here” was the adoption of the “recall” by a constitutional amendment in June, 1908. This provision allows the recall of any elective public officer by the voters of the district from which he was elected. The recall is instituted by filing a petition demanding the recall, signed by twenty-five per cent of the number of electors who voted in the district at the preceding election for justice of the supreme court. The petition must set forth the reasons for the demand. The officer may avoid a recall election by resignation. If he does not resign within five days after the petition has been filed, a special election (in practice it may be called at the same time as the general election) is called to determine whether he shall continue in office. He is virtually a candidate for reëlection without nomination, since others may be nominated for the office, and the person receiving the highest number of votes cast at the election is declared elected, whether he is the person whose recall is demanded or another. No petition may be circulated against an officer until he has held office for six months except in the special case of a member of the legislature, where it may be filed within five days from the beginning of the first session after his election. After one recall election no additional recall petitions may be filed against the same officer during the same term unless the petitioners pay into the public treasury the amount of the expenses of the preceding recall election.