The Eighteenth Brumaire of Louis Bonaparte [9]
45-70 of the Constitution are so framed that the National Assembly can constitutionally remove the President, but the President can set aside the National Assembly only unconstitutionally, he can set it aside only by setting aside the Constitution itself. Accordingly, by these provisions, the National Assembly challenges its own violent destruction. It not only consecrates, like the character of 1830, the division of powers, but it extends this feature to an unbearably contradictory extreme. The "play of constitutional powers," as Guizot styled the clapper-clawings between the legislative and the executive powers, plays permanent "vabanque" in the Constitution of 1848. On the one side, 750 representatives of the people, elected and qualified for re-election by universal suffrage, who constitute an uncontrollable, indissoluble, indivisible National Assembly, a National Assembly that enjoys legislative omnipotence, that decides in the last instance over war, peace and commercial treaties, that alone has the power to grant amnesties, and that, through its perpetuity, continually maintains the foreground on the stage; on the other, a President, clad with all the attributes of royalty, with the right to appoint and remove his ministers independently from the national assembly, holding in his hands all the means of executive power, the dispenser of all posts, and thereby the arbiter of at least one and a half million existences in France, so many being dependent upon the 500,000 civil employees and upon the officers of all grades. He has the whole armed power behind him. He enjoys the privilege of granting pardons to individual criminals; suspending the National Guards; of removing with the consent of the Council of State the general, cantonal and municipal Councilmen, elected by the citizens themselves. The initiative and direction of all negotiations with foreign countries are reserved to him. While the Assembly itself is constantly acting upon the stage, and is exposed to the critically vulgar light of day, he leads a hidden life in the Elysian fields, only with Article 45 of the Constitution before his eyes and in his heart daily calling out to him, "Frere, il faut mourir!" [#1 Brother, you must die!] Your power expires on the second Sunday of the beautiful month of May, in the fourth year after your election! The glory is then at an end; the play is not performed twice; and, if you have any debts, see to it betimes that you pay them off with the 600,000 francs that the Constitution has set aside for you, unless, perchance, you should prefer traveling to Clichy [#2 The debtors' prison.] on the second Monday of the beautiful month of May."
While the Constitution thus clothes the President with actual power, it seeks to secure the moral power to the National Assembly. Apart from the circumstance that it is impossible to create a moral power through legislative paragraphs, the Constitution again neutralizes itself in that it causes the President to be chosen by all the Frenchmen through direct suffrage. While the votes of France are splintered to pieces upon the 750 members of the National Assembly they are here, on the contrary, concentrated upon one individual. While each separate Representative represents only this or that party, this or that city, this or that dunghill, or possibly only the necessity of electing some one Seven-hundred-and-fiftieth or other, with whom neither the issue nor the man is closely considered, that one, the President, on the contrary, is the elect of the nation, and the act of his election is the trump card, that, the sovereign people plays out once every four years. The elected National Assembly stands in a metaphysical, but the elected President in a personal, relation to the nation. True enough, the National Assembly presents in its several Representatives the various sides of the national spirit, but, in the President, this spirit is incarnated. As against the National Assembly, the President possesses a sort of divine right, he is by the grace of the people.
Thetis, the sea-goddess,
While the Constitution thus clothes the President with actual power, it seeks to secure the moral power to the National Assembly. Apart from the circumstance that it is impossible to create a moral power through legislative paragraphs, the Constitution again neutralizes itself in that it causes the President to be chosen by all the Frenchmen through direct suffrage. While the votes of France are splintered to pieces upon the 750 members of the National Assembly they are here, on the contrary, concentrated upon one individual. While each separate Representative represents only this or that party, this or that city, this or that dunghill, or possibly only the necessity of electing some one Seven-hundred-and-fiftieth or other, with whom neither the issue nor the man is closely considered, that one, the President, on the contrary, is the elect of the nation, and the act of his election is the trump card, that, the sovereign people plays out once every four years. The elected National Assembly stands in a metaphysical, but the elected President in a personal, relation to the nation. True enough, the National Assembly presents in its several Representatives the various sides of the national spirit, but, in the President, this spirit is incarnated. As against the National Assembly, the President possesses a sort of divine right, he is by the grace of the people.
Thetis, the sea-goddess,