Bentham on the Theory of Second Chambers

When the problem of second chambers is discussed, we frequently find that interest is confined to the subsidiary question of technique, omitting the prior question, “Why have a second chamber?” It is in the main assumed that second chambers are universally valid, and therefore attention is centered on the varied methods of selection and the extent of functions. If the primary question is raised at all, it is invariably answered by an appeal to experience. It is claimed that almost all modern governments have for a considerable time had bicameral legislatures, and that it is hazardous to disregard a practice that is so nearly universal. Seldom is an attempt made to go beyond experience and to analyze critically this admittedly wide practice. In fact, a bicameral legislature is generally held to be an unassailable and eternal verity, one of the few axioms of political science.Nevertheless, among the more systematic writers on political science the validity of the bicameral theory is far from unanimously supported. Even a hasty reference to the history of political ideas shows recurrent dissent. Thus, during the period of democratic ferment inaugurated by the French and American revolutions we find unmistakable opposition. To mention some examples, Samuel Adams, Paine, Turgot, Sieyès, and Condorcet were in favor of the unicameral form. The basis of their hostility is well summarized in the famous dilemma of Sieyès. Sieyès has indeed indicated the broad outlines of the objections; and a succeeding century of bicameral experience shows how difficult it is to escape from his vexatious alternatives. To reconcile faith in democracy with the assumption of the value of an effective check is assuredly not an enviable task. At any rate, for our present purpose suffice it to say that bicameralism has frequently been rejected.