But during the latter part of the nineteenth century there began to grow up, largely at first through the influence of T. H. Green, influenced in his turn by Kant and Hegel, an entirely different theory of the state. The state was now not to be subordinate to the individual, but it was to be the fulfilment of the individual. Man was to get his rights and his liberty from membership in society. Green had at once a large influence on the political thought of England and America, and gradually, with other influences, upon practical politics. The growing recognition of the right and duty of the state to foster the life of its members, so clearly and unequivocally expressed in the social legislation of Lloyd George, we see as early as the Education Act of 1870, the Factory Act of 1878 (which systematized and extended previous Factory Acts), and the various mines and collieries acts from 1872.
I do not mean to imply that the growing activity of the state was due entirely or mainly to the change of theory in regard to the individual and the state; when the disastrous results of laissez-faire were seen, then people demanded state regulation of industry. Theory and practice have acted and reacted on each other. Someone must trace for us, step by step, the interaction of theory and practice in regard to the individual and his relation to society, from the Middle Ages down to the present day.69
What has been the trend of our development in America? Particularism was at its zenith when our government was founded. Our growth has been away from particularism and towards a true individualism.70
It is usual to say that the framers of our constitution were individualists and gave to our government an individualistic turn. We must examine this. They did safeguard and protect the individual in his life and property, they did make the bills of rights an authoritative part of our constitutions, they did make it possible for individuals to aggrandize themselves at the expense of society, their ideal of justice was indeed of individual not of social justice. And yet all this was negative. The individual was given no large positive function. The individual was feared and suspected. Our early constitutions showed no faith in men: the Massachusetts constitution expressly stated that it was not a government of men. The law of the land was embodied in written documents with great difficulty of amendment just because the people were not trusted. As we look at the crudities of the Declaration of Independence, as we examine our aristocratic state constitutions, as we study our restricted federal constitution, as we read the borrowed philosophy of our early statesmen, we see very little indication of modern democracy with its splendid faith in man, but a tendency towards aristocracy and a lack of real individualism on every side.
To be sure it was at the same time true that the government was given no positive power. Everyone was thoroughly frightened of governments which were founded on status and resulted in arbitrary authority. The executive power was feared, therefore it was so equipped as to be unequal to its task; the legislative power was feared, so the courts were given power over the legislatures, were allowed to declare their acts valid or invalid; the national government was feared, therefore Congress was given only certain powers. Power was not granted because no man and no institution was trusted. The will to act could not be a motive force in 1789, because no embodiment of the will was trusted; the framers of our constitutions could not conceive of a kind of will which could be trusted. Fear, not faith, suspicion not trust, were the foundation of our early government. The government had, therefore, no large formative function, it did not look upon itself as a large social power. As the individual was to be protected, the government was to protect. All our thinking in the latter part of the eighteenth century was rooted in the idea of a weak government; this has been thought to show our individualism.71
But our government as imagined by its founders did not work.72 Our system of checks and balances gave no real power to any department. Above all there was no way of fixing responsibility. A condition of chaos was the result. Such complicated machinery was almost unworkable; there was no way of getting anything done under our official system. Moreover, the individual was not satisfied with his function of being protected, he wanted an actual share in the government. Therefore an extra-official system was adopted, the party organization. The two chief reasons for this adoption were: (1) to give the individual some share in government, (2) to give the government a chance to carry out definite policies, to provide some kind of a unifying power.
What effect has party organization had on the individual and on government? The domination of the party gives no real opportunity to the individual: originality is crushed; the aim of all party organization is to turn out a well-running voting machine. The party is not interested in men but in voters—an entirely different matter. Party organization created artificial majorities, but gave to the individual little power in or connection with government. The basic weakness of party organization is that the individual gets his significance only through majorities. Any method which looks to the fulfilment of the individual through the domination of majorities is necessarily not only partial but false. The present demand that the nation shall have the full power of
