In most cases that come before the courts, however, the law is

perfectly clear when once the facts in the case are known. It is

therefore the business of the courts also to ascertain the facts.

There are two classes of cases that come before the courts, civil

cases and criminal cases; and the law that applies to the two

classes is known as civil law and criminal law. A civil case is

one that involves a dispute between individuals, or an injury done

by one individual to another. Such would be a dispute over a

boundary line between the properties of two individuals, or over

the payment of a debt; or a personal injury due to the

carelessness of some one, or an injury to property or to health

through maintaining a nuisance of some kind. In such cases the

court, after ascertaining the facts, merely sees that justice is

done, as by the payment of damages to the injured party by the one

doing the injury. A criminal case is one in which a person is

charged with having violated a law of the community. The injury is

one against the community as a whole, and not merely against an

individual. It is the community that appears in court against the

accused person, and not merely one of his neighbors. In such cases

the court first ascertains the guilt or innocence of the accused

person; and if he is guilty, imposes a PUNISHMENT upon him, such

as a fine, or imprisonment, or even death, according to the nature

of the crime.

The judicial branch of government, then, is that part of the

governmental organization that seeks to adjust, by peaceful and

just means, the inevitable conflicts that arise in community life.

JUSTICES' COURTS

The lowest in the series of state courts are the JUSTICES' COURTS,

of which there is at least one in every township. They are

presided over by justices of the peace. Only cases of small moment

come before justices' courts: civil cases involving very small

amounts, and cases of minor infractions of the law punishable by

small fines or by short terms in jail. Persons accused of more

serious crimes may have a preliminary examination in a justice's

court and, if the evidence warrants it, be committed to jail to

await the action of the grand jury (see below). Most cases in a

justice's court are disposed of by the justice of the peace alone;

but a jury trial may be demanded in all criminal cases, and in

civil suits "where the value in controversy shall exceed twenty

dollars" (Const., Amendments VI, VII).

COUNTY COURTS

More serious cases, civil or criminal, are tried in the COUNTY, or

DISTRICT, courts before a judge and a JURY. Cases that have been

tried in a justice's court may be APPEALED to the county or

district court, where there is sure to be a jury trial, and where

the judge is more learned in the law than is a justice of the

peace. It is the business of the jury to decide on the facts in

the case on the evidence furnished in the trial, and in civil

cases to award the amount of damages, if any, to be paid; while

the judge sees that the procedure is in accordance with the law,

instructs the jury as to the law in the case, and in criminal

cases fixes the penalty within the limits permitted by the law.

THE COMMUNITY IN COURT

It was stated above that in criminal cases it is the COMMUNITY

that appears against the accused. The community appears in the

person of the district attorney, otherwise called the prosecuting

attorney, state's attorney, or county solicitor. It is the

business of this officer to gather evidence of crimes committed in

the community and, in most cases, to submit it to the GRAND JURY,

which is a body of citizens carefully chosen to consider such

evidence. If the grand jury considers the evidence against the

accused sufficient to warrant bringing him to trial, it brings in

an INDICTMENT against him. The prosecuting attorney then

prosecutes the case for the community against the accused. It is

of course his duty to secure exact justice; sometimes, however, he

seems interested only in securing the CONVICTION of the accused.

RIGHTS OF THE ACCUSED

Our state and national constitutions seek to protect carefully the

rights of a person accused of crime. He is assumed to be innocent

until he has been proved otherwise. He is guaranteed a "speedy and

public trial, by an impartial jury." He must be "confronted with

witnesses against him," and have "compulsory process for obtaining

witnesses in his favor," and "assistance of counsel for his

defense" (Const., Amendment VI). He cannot be compelled to be a

witness against himself, nor be deprived of life, liberty, or

property, without "due process of law" (Amendment V). "Excessive

bail shall not be required, nor excessive fines imposed, nor cruel

and unusual punishments inflicted." (Amendment VIII).

CIRCUIT OR SUPERIOR COURTS

In some states there is another set of courts immediately above

the county courts, known as CIRCUIT, DISTRICT, or SUPERIOR,

courts. The districts in which these courts have jurisdiction

include several counties. The cases courts handled by them are

either cases of appeal from the lower courts, or cases of greater

importance than those over which the lower courts have

jurisdiction.

THE STATE SUPREME COURT

The highest court in the state is the SUPREME COURT, sometimes

called the COURT OF APPEALS, or the COURT OF ERRORS. In the

supreme court several judges sit together, and there is no jury.

The cases that come before it are for the most part cases of

appeal from the lower courts, although there are certain classes

of cases that come before it in the first instance. The supreme

court is the final judge as to whether acts of the legislature are

in conformity with the state constitution.

OTHER COURTS

In addition to the courts named above there are sometimes others

to deal with special classes of cases. In cities there are

MUNICIPAL COURTS and POLICE COURTS, both in the same class with

justices' courts. There are JUVENILE COURTS to deal with juvenile

offenders; PROBATE, or SURROGATE, COURTS to settle the estates of

persons who have died; COURTS OF CLAIMS to settle claims against

the state; and CHANCERY COURTS, or courts of EQUITY, which

administer justice in cases that the ordinary law will not reach.

For example, the LAW will permit a man's property to be taken to

satisfy a mortgage; EQUITY requires that the property be sold and

the surplus over the amount of the mortgage returned to the owner.

The LAW will grant damages for any injury inflicted; EQUITY will,

by an injunction, forbid a repetition of the injury.

SELECTION OF JUDGES

The judges of the state courts were originally appointed by the

governors, or by the legislatures. With the movement toward more

democratic forms of government, the states began to introduce

provisions in their constitutions for the election of judges by

the people, and they are now so chosen in most states, though in a

number they are appointed by the governor, and in a few by the

legislature. It is highly important that judges should be

controlled in their decisions solely by the desire to render

justice, and that they should be removed as far as possible from

partisan influences. Popular election of judges is most prevalent

because it seems to give to the people the most direct control

over their courts. On the other hand, it is opposed by many

because it makes possible the election of incompetent judges, and

because it does not necessarily remove the matter from partisan

influences. In three states (California, Oregon and Arizona) the

judges are subject to recall by the people.

The terms during which judges hold office also vary greatly among

the states. In three states they hold office for life

(Massachusetts, Rhode Island and New Hampshire). In the other

states their terms vary from two to twenty-one years.

It seems to be the opinion of most students that the state courts

would be improved if their judges were appointed by the chief

executive and should hold office for life, or during good

behavior, as is the case in the federal courts.

Investigate and report on:

Civil law and criminal law.

What makes an act a "crime."

Difference between a "crime" and a "misdemeanor."

Justices' courts in your community.

Procedure in a justice's court.

The organization of your county court.

Who is your county (or district) judge.

Procedure in your county court, and how it differs from that in

the justice's court.

Organization and work of the grand jury.

How a trial jury is selected.

The citizen's duty to serve on the jury.

Rights of an accused person.

Meaning of "bail," "indictment," "due process of law," "counsel

for defense," "subpoena," "true bill."

Circumstances under which an appeal may be made.

The supreme court of your state.

The work of a juvenile court.

READINGS

State Constitution.

Reports of the several departments of the state government.

In LESSONS IN COMMUNITY AND NATIONAL LIFE: Series B: Lesson 18,

How state laws are made and enforced.

The Civil Administrative Code of the State of Illinois, compiled

by Louis L. Emmerson. Secretary of State, Springfield, Ill.

The Illinois Civil Administrative Code, by Charles E. Woodward,

The Academy of Political Science, Columbia University, New York

City.

Beard, Chas. A., AMERICAN GOVERNMENT AND POLITICS, Part iii, State

government.

Hart, A. B., ACTUAL GOVERNMENT, Part iii, State governments in

action.

Reed, T. H., FORM AND FUNCTIONS OF AMERICAN GOVERNMENT, Part iii,

State government.

Bryce, James, THE AMERICAN COMMONWEALTH, vol. i, Part ii, The

State governments.

In Long's AMERICAN PATRIOTIC PROSE: Invisible government (Elihu

Root), pp. 261-264.

In Foerster and Pierson's AMERICAN IDEALS: How to Preserve the

Local Self-Government of the States (Elihu Root), pp. 48-55

CHAPTER XXVII

OUR NATIONAL GOVERNMENT

THE REVOLUTIONARY GOVERNMENT

It was the necessity for team work in carrying on the War for

Independence that led the thirteen American colonies for the first

time to unite under a common government. They had revolted to

escape from an autocratic government, and they sought to avoid

setting up another in its place. Since it had been the king whom

they distrusted most, they endeavored to get along without any

executive head at all. Their new government consisted solely of a

Congress of delegates from the thirteen states.

THE CRITICAL PERIOD

This form of government was continued for several years after the

Revolution under a constitution known as the Articles of

Confederation. It was, however, unsuccessful in securing anything

like real national cooperation. The Congress had no power to levy

and collect taxes, it had little power to make laws, and it was

without means to execute the laws that it did make. The real

governing power during this period was with the several states.

The result was a period of unutterable confusion which has been

called "the critical period of American history." The question at

stake was whether a number of self-governing state communities

with a multitude of apparently conflicting interests could really

become a nation.

THE NEW CONSTITUTION

During the war Benjamin Franklin had said, "We must all hang

together or we shall all hang separately." The states had "hung

together" sufficiently to win the war; but the wise men of the

time now saw the need for a government so organized and with such

powers as to secure effective cooperation among all the states and

all the people at all times for the welfare of the entire Union,

while leaving each state free to manage its own local affairs.

Therefore a convention of delegates from all the states was called

together at Philadelphia in 1787 to revise the Articles of

Confederation. The result was our present Constitution under which

our present national government went into effect in 1789.

Investigate and report:

The nature and causes of the confusion during "the critical

period" of American history.

The leading men of the Constitutional Convention.

How the states ratified the Constitution.

Which of the original thirteen states did not ratify the

Constitution until after it had gone into effect.

The number of states required to ratify before the Constitution

went into effect (Constitution, Art. VII).

POPULAR CONTROL THROUGH THE CONSTITUTION

"We, the people of the United States" "ordained and established"

the Constitution (see the Preamble). It was also "ordained" in the

Constitution (Art. V) that it could be amended only by methods

designed to give the people control over the matter--greater

control than they have over ordinary lawmaking. A great many

amendments have been proposed in the course of time, but only

eighteen have so far been adopted,[Footnote: A nineteenth

amendment is at this writing before the states for ratification--

the woman suffrage amendment.] ten of these having been adopted in

the very beginning as a condition on which the states would accept

the Constitution at all. None of these amendments changed the form

of our government except with respect to the methods of electing

the President and United States senators (Amendments XII and

XVII).

Explain the two methods of proposing, and the two methods of

ratifying, amendments (Constitution, Art. VII).

Has there ever been a national constitutional convention called by

the states?

Which of the two methods of ratifying was used in the case of the

last amendment adopted? [Footnote: Ohio by a referendum in 1919

submitted the eighteenth amendment to the people of the state for

their vote, after it had been ratified by the legislature. This

was the first time in our history that an amendment to the

Constitution was submitted to popular vote for ratification.]

Did your state vote to ratify or to reject the last amendment?

If any amendment is now before the states for ratification, watch

the newspapers for the action of the various states.

OUR GOVERNMENT A GROWING THING

The Constitution adopted in 1787 has met the needs of our growing

nation in a most remarkable way. It would be a mistake, however,

to think that it has always met new conditions perfectly, or that

we are governed to-day exactly as was intended by the framers of

the Constitution. Although few amendments have been made,

INTERPRETATIONS have been placed on the Constitution that were

probably unthought of by the framers or by the people who ratified

it; and PRACTICES have grown up in our government that have made

it quite a different government from that which was anticipated.

Our government is a GROWING thing, and one of the chief merits of

our Constitution is the fact that it speaks in such general terms

that it has been possible, under it, to adapt our government to

new and unexpected conditions. In this respect it differs from the

detailed state constitutions.

DEFECTS INEVITABLE

On the other hand, conditions have arisen with the growth of our

nation that our Constitution has not enabled us to meet with the

greatest success, and that we have not yet met by amendment. In

some cases we have tried to get around the difficulties by devices

not provided for in the Constitution, sometimes with unfortunate

results. But a recognition of defects in our government should not

cause us to lose respect for the Constitution. They are due not to

positive blunders on the part of the framers, but to the mere

absence of provision for conditions that did not exist when the

Constitution was framed and that could not be foreseen by the

wisest men of that time. The wise course for all good citizens is

to seek to understand clearly wherein our government fails to meet

our needs, if it does fail, and then to seek to correct the

difficulty, under the existing terms of the Constitution if

possible, or by amendment of the Constitution if that becomes

clearly necessary. Amendment of the Constitution was purposely

made difficult, and this was doubtless wise, for it tends to

prevent changes without full consideration of their needs and

probable effects. Radical changes in our form of government and in

our established laws are always fraught with danger. Because of

the extreme complexity of community life a change effected at one

point to meet a particular evil may have consequences of the most

far-reaching kind and in the most unexpected directions. A change

that corrects one evil may produce conditions resulting in evils

even worse than the first. Changes are necessary at times, but

they should be made only after the most careful consideration by

men of the widest possible experience.

THE BILL OF RIGHTS

One thing that stood out clearly after the Revolution was the fear

of a strong national government. Some of the states refused to

ratify the Constitution unless amendments were added at once

guaranteeing the liberties of the people. The first ten

amendments, known as the "bill of rights," were the result. To

make sure that no important rights were left unguarded, the ninth

amendment provides that "the enumeration in the Constitution of

certain rights shall not be construed to deny or disparage others

retained by the people."

Read the first ten amendments and discuss the meaning of each.

A GOVERNMENT OF DELEGATED POWERS

It was clearly expected that most of the governing powers to which

the people were subject should be exercised by the states, and not

by the national government. The national government was to

exercise no powers except such as were DELEGATED to it in the

Constitution. These powers are important ones, but few in number,

and are listed in section 8 of Article I. In order to make this

limitation of powers perfectly clear, the tenth amendment declares

that "The powers not delegated to the United States by the

Constitution, nor prohibited by it to the states, are reserved to

the states respectively or to the people." Certain powers were

also expressly denied to the national government in section 9 of

Article I.

Discuss the meaning of each clause in Article I, section 8.

Discuss the meaning of each clause in Article I, section 9.

THE SCOPE OF NATIONAL POWERS

The powers of the national government relate to interstate and

foreign affairs, or to matters that the several states could not

well regulate without confusion or injustice. For example, it was

chiefly the confusion in matters pertaining to trade in the period

following the Revolution that made the new government necessary.

Therefore power was given to it "to regulate commerce with foreign

nations and among the several states, and with the Indian tribes."

So, also, it was given power "to coin money, regulate the value

thereof, and of foreign coin, and fix the standard of weights and

measures," for varying systems of coinage and of weights and

measures would be inconvenient. For similar reasons it was

empowered "to establish post-offices and post-roads," "to

establish an uniform rule of naturalization" for immigrants, and

"to promote the progress of science and useful arts" by giving

copyrights and patents to authors and inventors. The states, on

the other hand, were expressly forbidden to exercise any control

over some such matters of national and international concern in

section 10 of Article I.

Read section 10, Art I, and discuss the reasons why the powers

there mentioned should have been denied to the states.

THE SYSTEM OF CHECKS AND BALANCES

Not only did the framers of the Constitution carefully limit the

powers that the national government might exercise, but they also

introduced into the organization of the government various devices

to control it and to prevent any of its parts from assuming too

much power. The most important of these is the system of CHECKS

AND BALANCES. In our national government, as in the state

governments, the legislative, executive, and judicial powers are

SEPARATED. In early times in England, the king could make any laws

he wished, he could enforce them as he pleased, and he controlled

the courts of justice. In our government the legislature, composed

of representatives of the people, makes the laws; the executive

branch of government sees to their enforcement; and the courts,

which are responsible neither to the legislature nor to the

executive, interpret the laws and administer justice in accordance

with the laws. This separation of powers is to prevent any one

person or group of persons from exercising too much power, as the

king did, and is a safeguard to the liberty of the people. But the

separation of powers IS NOT COMPLETE. Each branch of government

has A LIMITED CONTROL over the others. This constitutes THE SYSTEM

OF CHECKS AND BALANCES, which still further protects the people's

liberties.

While the President cannot make the laws, he is given a check upon

the lawmaking power of Congress by his veto power. On the other

hand, he cannot, by an excessive use of his veto power, destroy

the lawmaking power of Congress, because Congress may pass laws

over the President's veto by means of a two-thirds vote.

The President cannot make a treaty, nor appoint men to office,

without the consent of the senate; neither can he exercise his

executive powers until Congress votes him the necessary money.

If Congress passes a law that is contrary to the Constitution the

courts may declare the law void, and the executive cannot enforce

it. The courts, on the other hand, are in a measure under the

control of both Congress and the President, for Congress may

create and destroy courts (except those created by the

Constitution), and the President, with the consent of the senate,

appoints the judges.

ADVANTAGES AND DISADVANTAGES OF CHECKS AND BALANCES

The "checks and balances" in the organization of our government

have been very effective in accomplishing the purpose for which

they were intended, namely, to protect the liberties of the people

against despotic government. But they have also, at times, been an

obstacle to team work and to effective service. It sometimes

happens, for example, that the President represents one political

party, while the majority of one or both houses of Congress are of

the opposing party. The two branches of government may then enter

into a struggle on partisan grounds, each trying to defeat the

program of the other. Such a situation was probably unforeseen by

the framers of the Constitution, although it again reminds us of

Washington's warning with regard to the dangers of the party

spirit.

THE IMPLIED POWERS OF THE NATIONAL GOVERNMENT

With the growth of our nation, the national government has come to

perform a vast amount of service, as we have seen in earlier

chapters, and to regulate the lives of the people in a multitude

of ways little dreamed of by the makers of the Constitution. This

has been possible because of the principle of IMPLIED POWERS in

the Constitution. This means that some of the powers expressly

granted in the Constitution have been broadly interpreted to IMPLY

powers not expressly stated. There are certain clauses in the

Constitution that especially lend themselves to such broad

interpretation. For example, after the enumeration of the powers

which Congress may exercise, in section 8 of Article I, clause 18

of that section gives Congress power "to make all laws which shall

be necessary and proper for carrying into execution the foregoing

powers ..." Another clause whose liberal interpretation has been

responsible for much of the service performed by the national

government is that giving it the power to regulate interstate

commerce (Art. I, sec. 8, clause 3).

In the early days of our government the Federalist party, under

the leadership of Alexander Hamilton, proposed the creation of a

NATIONAL BANK. The Republican party under Jefferson opposed this

because the Constitution did not expressly provide for it, and

because it was feared that it would give the national government

too much power. But the "broad constructionists" argued that a

national bank was a "necessary and proper" means to enable the

national government "to borrow money on the credit of the United

States" and to exercise other financial powers expressly granted

in the Constitution. The supreme court of the United States

supported the latter view, and the national bank became a fact.

The building of roads and other internal improvements by the

national government have always been opposed by the "strict

constructionists," except where roads were clearly "post-roads"

(Article 1, section.8, clause 7). But the "broad constructionists"

argued that roads were "necessary and proper" to provide "for the

common defense," and also as a means "to regulate commerce among

the several states."

Most of the work that the national government has done for the

promotion of the public health, such as the passage and

enforcement of the "pure food and drugs act," the inspection of

livestock and of slaughterhouses, and the attempt to regulate

child labor, has been done under the authority of the clause

giving Congress power to regulate interstate commerce.

EXPANSION OF POWERS BY JUDICIAL DECISION

It has been the duty of the Supreme Court of the United States to

decide finally whether much of the new service undertaken by the

national government is in accordance with the Constitution or not,

and this court has been responsible for most of the expansion of

the service rendered, because of its liberal interpretation of the

Constitution.

Why should the power to regulate interstate commerce also give

Congress the power to require the inspection of cattle in your

neighborhood? or to forbid the use of harmful substances in patent

medicines? or to forbid the employment in factories of children?

Find out what you can about the influence of John Marshall, Chief

Justice of the Supreme Court, in extending the powers of the

national government.

THE EXECUTIVE CENTRALIZED AND CONTROLLED

The Constitution vests the executive power in the President of the

United States (Art. II, sec. I), and he alone is responsible to

the people for the execution of the laws. The people are protected

against abuse of this power in the hands of one man by various

constitutional provisions. The President's term of office is

limited to four years, though he may be reelected. In case of

improper conduct in office, he may be removed by IMPEACHMENT. The

impeachment charges must be brought against him by the House of

Representatives, and the Senate, presided over by the Chief

Justice of the Supreme Court, must act as a court to try the case.

Moreover, even the President must act according to law, and in so

far as his duties are not prescribed by the Constitution they are

prescribed by Congress. Congress must also create the machinery by

which the President executes the laws, and it must appropriate the

necessary money. The Senate exercises a further control over the

President in that it must approve all appointments and all

treaties made by him.

METHOD OF ELECTING THE PRESIDENT

The method of electing the President provided in the Constitution

was intended to insure a wise choice, and also shows a lack of

complete confidence in the people on the part of the framers of

the Constitution. He was to be elected by a body of ELECTORS,

chosen by the several states "in such manner as the legislatures

thereof may direct," the number of electors from each state to

equal the whole number of senators and representatives from that

state (Art. II, sec. 2). These electors were originally chosen by

the legislatures of the states, but are now elected by the people.

When voters "vote for the President" every four years, they in

reality only vote for these electors who, in turn, cast their

votes for the President.

DEPARTURE FROM THE INTENTION OF THE CONSTITUTION

In the method of electing the President we find one of the points

where the intention of the framers of the Constitution has clearly

been thwarted. It was obviously the intention that the electors

chosen by the states should use their own discretion in the choice

of the President. But in practice to-day, the entire body of

electors from each state always represents the victorious

political party, and casts its vote invariably for the

presidential candidate already nominated by the party machinery.

We still elect the electors, and the electors go through the form

of electing the President; but their part in the procedure is now

entirely useless.

THE VICE-PRESIDENT

The Vice-President of the United States is elected at the same

time and by the same method as the President. But he has no

executive duties whatever so long as the President is capable of

performing his duties. In order that he might have something to

do, he was made presiding officer of the Senate, but even there he

has no vote.

Investigate and report:

The qualifications necessary to hold the office of President

(Const., Art. II, sec. I, cl. 5).

How the electors elect the President (Const., Amend. XII).

Who would become President if both the President and the Vice-

President should die.

The salary of the President.

The oath taken by the President on assuming office. The difference

between an oath and an affirmation (Art. II, sec. i, cl. 8).

The powers of the President (Art. II, sec. 2).

A President who was impeached.

Why no President has been elected for a third term.

Advantages and disadvantages of a longer term for the President.

GROWTH OF THE NATIONAL SERVICE ORGANIZATION

The President is at the head of a stupendous service organization

which was not ready-made by the Constitution, but which has been

gradually created by acts of Congress under its express and

implied powers. The Constitution did not even create the great

administrative departments through which the President works,

although it implied that such departments should be created: "The

President ... may require the opinion, in writing, of the

principal officer in each of the executive departments, upon any

subject relating to the duties of their respective offices" (Art.

II, sec. 2, cl. i). The heads of these departments are appointed

by the President, are responsible to him, and may be removed by

him. Together they constitute the President's CABINET, meeting

with him frequently to discuss the affairs of their departments

and matters of public policy.

THE ADMINISTRATIVE DEPARTMENTS

Five of these administrative departments were created during

Washington's administration. These five have grown to cover a

multitude of activities that were not at first contemplated, and

five other great departments have since been created.

The DEPARTMENT OF STATE maintains relations between the United

States and foreign powers. The Secretary of State, acting for the

President, negotiates treaties with foreign governments, and is in

constant communication with the ambassadors, ministers, consuls,

and other representatives of our government in foreign countries,

and with similar representatives of foreign governments in this

country. This department is the medium of communication between

the President and the governors of the several states. The

Secretary of State has in his keeping the treaties and laws of the

United States, and also the Great Seal of the United States, which

he affixes to proclamations, commissions, and other official

papers. Through him the rights of American citizens in foreign

countries are looked after. He is first in rank among the members

of the cabinet, and by law would succeed to the Presidency in case

of the death or disability of both the President and the Vice-

President.

The DEPARTMENT OF THE TREASURY has at its head the Secretary of

the Treasury, who is the financial manager of the national

government. He prepares plans for, and superintends the collection

of, the public revenues; determines the manner of keeping the

public accounts; directs the coinage and printing of money. He

also controls the construction and maintenance of public

buildings, and administers the public health service and the life-

saving service.

The DEPARTMENT OF WAR is directed by the Secretary of War, who,

under the President, controls the military establishment and

superintends the national defense. He also administers river and

harbor improvements, the prevention of obstruction to navigation,

and the building of bridges over navigable rivers when authorized

by Congress. He also has direction of the Bureau of Insular

Affairs, which supervises the government of Porto Rico and the

Philippines.

The DEPARTMENT OF JUSTICE has at its head the Attorney General,

who is the chief law officer of the government, and represents it

in all matters of a legal nature. He is the legal adviser of the

President and of the several executive departments, and supervises

all United States attorneys and marshals in the judicial districts

into which the country is divided.

The POST-OFFICE DEPARTMENT is administered by the Postmaster

General.

The DEPARTMENT OF THE NAVY, under the Secretary of the Navy, has

charge of the "construction, manning, equipment, and employment of

vessels of war."

The DEPARTMENT OF THE INTERIOR was created to relieve the

Department of State of work relating to internal affairs, and now

embraces a wide variety of duties. At its head is the Secretary of

the Interior. Through many bureaus and divisions it administers

the public lands, the national parks, the giving of patents for

inventions, the pensioning of soldiers, Indian affairs, education,

the reclamation service, the geological survey, the improvement of

mining methods for the safety of miners, certain matters

pertaining to the territories of the United States, and certain

institutions in the District of Columbia.

The DEPARTMENT OF AGRICULTURE is directed by the Secretary of

Agriculture. Its work is described in Chapter XII.

The DEPARTMENT OF COMMERCE, under the Secretary of Commerce,

promotes the commercial interests of the country in many ways. It

includes in its organization the Bureau of Foreign and Domestic

Commerce, the Bureau of Corporations, the Census Bureau, the

Bureau of Lighthouses, the Bureau of Navigation, the Bureau of

Fisheries, and the Bureau of Standards.

The DEPARTMENT OF LABOR, under the Secretary of Labor, has for its

purpose "fostering, promoting, and developing the welfare of the

wage earners of the United States, improving their working

conditions, and advancing their opportunities for profitable

employment." Among its important bureaus are those of Immigration

and of Naturalization, and the Children's Bureau, which

investigates and reports upon "all matters pertaining to the

welfare of children and child life among all classes of our

people."

OTHER ADMINISTRATIVE AGENCIES

In addition to these great administrative departments with their

numerous bureaus and subdivisions, there are various boards,

commissions and establishments that are independent of the

departments.

Some of the most important of these are the Interstate Commerce

Commission, the Civil Service Commission (see below), the Federal

Reserve Board, the Federal Trade Commission, the United States

Tariff Commission, the Board of Mediation and Conciliation, the

United States Bureau of Efficiency, the Federal Board of

Vocational Education, the Panama Canal.

Of another kind are the Library of Congress which includes the

Copyright Office; the Government Printing Office; the Smithsonian

Institution, including the National Museum and the National

Zoological Park.

There are many others. During the recent war a great variety of

new administrative commissions and boards were created for the

emergency. Most of these have been, or are to be, discontinued,

though some of them may survive. Such were the Council of National

Defense, the Committee on Public Information, the Food

Administration, the Fuel Administration, the United States

Shipping Board, the War Trade Board, the Director General of

Railroads.

THE CIVIL SERVICE

The detailed work of this vast service organization is carried on

by about 400,000 employees (not counting the army and the navy).

These constitute the CIVIL SERVICE. The quality of service depends

largely upon the efficiency of these employees. The task of

filling all these places is a large one. In Andrew Jackson's

administration (1829-1837) the "spoils system" was introduced,

which means that government positions were treated by the

victorious party as "the spoils of victory," to be given to

members of the victorious party as rewards for party service

without much regard to fitness for the work to be done. Whenever

the administration passed from one party to another, the army of

civil service employees was displaced by another of new employees.

Not only did this result in inefficient service, but the time of

the President and the heads of the departments was largely

consumed in considering the claims of those seeking appointment.

Moreover, since appointments could be made only "with the advice

and consent" of the Senate, senators were besieged by applicants

for positions and their friends. The President, overwhelmed by the

multitude of appointments to be made, came to rely almost wholly

upon the advice of the senators, and even of members of the House

of Representatives, for appointments in their states and

districts. Thus, in effect, appointments were made by members of

Congress rather than by the President who was really responsible.

No system could have been devised more wasteful of the time of the

executive and legislative branches of the government, or more

conducive to inefficiency.

REFORM OF THE CIVIL SERVICE

The spoils system became a great offense to the nation, but it was

not until President Garfield was murdered by a disappointed office

seeker that Congress, in 1883, passed a law for the reform of the

civil service. Candidates for many positions in the civil service

were required to pass an examination designed to prove their

fitness for the work to be done, and a CIVIL SERVICE COMMISSION

was created to administer the law and to conduct the examinations,

which are held at stated intervals in different parts of the

country. Those appointed under this system cannot be removed

except for cause. Even at the present time, however, only about

half of the civil service is subject to this MERIT SYSTEM. From

the above description of the work of the several executive

departments select topics for special investigation and report;

such as:

The work of United States Consuls. Coining money; the United

States Bureau of Engraving.

The life-saving service of the United States.

The United States Army in war and peace.

The United States Army as an organization to save life, especially

in its work of sanitation in territories occupied.

Representatives of the United States Department of Justice in your

community, and examples of their work.

Building a battleship. Training for the navy.

Exploits of the navy in war. The work of the navy in time of

peace.

The work of the patent office; of the bureau of Indian affairs; of

the geological survey; of the bureau of mines.

Taking the United States census.

The work of the bureau of fisheries.

Marvels of the bureau of standards.

The immigration bureau.

Work of the children's bureau.

How an immigrant is naturalized.

The Government Printing Office.

The Congressional Library.

The spoils system in Andrew Jackson's administration.

How would you go about it to take an examination for the civil

service?

Is there any reason why a mail carrier or a clerk in a government

office should be a Republican or a Democrat?

What employees of the United States civil service are there in

your community?

RESPONSIVE AND RESPONSIBLE LEADERSHIP

Efficient government requires strong, clearly recognized

leadership. Democratic government requires that its leadership

shall be responsive to the needs of the people and under their

control. The problem of how to secure strong leadership and

controlled leadership at one and the same time is a difficult one.

So far as the executive branch of government alone is concerned,

the framers of the Constitution secured strength by concentrating

full responsibility in the President. But did they expect him to

be their leader in the government as a whole; that is, in

formulating the policies of government that should serve as the

basis for legislation? We are in the habit of thinking of him as

our national leader, but was he made so in fact?

LEADERSHIP OF THE PRESIDENT

In fact, the framers of the Constitution were apparently more

concerned about maintaining control over the President than about

clearly making him the nation's leader. About the only indication

the Constitution contains that he was to be such a leader is the

statement that he "shall from time to time give to the Congress

information of the state of the Union, and recommend to their

consideration such measures as he shall judge necessary and

expedient" (Art. II, sec.3). He does submit recommendations to

Congress at the opening of each of its terms and often at other

times. If the President and the majority in Congress are of the

same political party, Congress is pretty likely to follow the

President's lead; or, if the President has a commanding

personality and is clearly popular with the people, he may force

measures through even an unwilling Congress. But if differences

arise between the President and Congress, especially when one or

both houses of Congress are of the opposite party from the

President, his recommendations may be entirely ignored. By our

system of "checks and balances" the President is "controlled," but

he ceases to be a leader when he does not have the "following" of

Congress, or of the majority of the people.

President Wilson began his second administration with a majority

in both houses of Congress of his political party, and apparently

in popular favor. He was clearly accepted as leader and

practically all of his proposed measures were favorably acted upon

by Congress. In the middle of this administration a congressional

election occurred which resulted in a majority in both houses of

the opposing party. This result might be considered as a popular

vote against the leadership of the President, and his opponents

did consider it so. It cannot be absolutely certain that this was

intended, for the people were not voting directly on this

question. Whether this was true or not, Congress refused to follow

his leadership in many important questions, including the treaty

of peace with Germany.

CONTROL OF LEADERSHIP IN ENGLAND

It will be helpful to compare this situation with the method by

which England has worked out the problem of leadership and control

of leadership.

The real executive head in the English government is the prime

minister. The king appoints the prime minister, but he always

chooses for the position THE RECOGNIZED LEADER OF THE POLITICAL

PARTY THAT IS IN THE MAJORITY in the House of Commons (which

corresponds to our House of Representatives).

The prime minister having been appointed, he then selects the

other members of his cabinet, who are to be the heads of the

executive departments, and WHO ARE ALSO MEMBERS OF PARLIAMENT.

The prime minister and the other members of the cabinet have seats

in the House of Commons, contrary to the practice in our country.

THEY ALSO TAKE THE LEAD IN LEGISLATION, for most of the important

bills considered in the House of Commons are planned and

introduced by the cabinet. So the executive and legislative

branches of the English government are not separated as in our

country. The same group of men manage the service organization and

lead in planning the legislation that makes the service possible.

It sometimes happens, however, that the cabinet introduces a

measure which, after discussion, a majority of the House of

Commons rejects. This means that on this question the cabinet no

longer represents the majority in the House. Then one of two

things happens. EITHER THE CABINET RESIGNS in a body to make way

for a new cabinet that does represent the majority; OR THE PRIME

MINISTER ASKS FOR A GENERAL ELECTION FOR MEMBERS OF THE HOUSE OF

COMMONS. If at this election a majority is again returned that is

opposed to the cabinet, it means that the cabinet no longer leads

the people, and it resigns. If a majority is returned in support

of the cabinet, it means that the old House was no longer

representative of the people, and the old cabinet retains its

leadership.

This system gives the English people MORE DIRECT CONTROL over

their government than we have in our country; it is very much like

the method of RECALL that is used in some of our states. At the

same time, it assures a real executive leadership WITHIN THE

GOVERNMENT, a leadership that is both responsive and responsible

to the people.

GROWTH OF IRRESPONSIBLE LEADERSHIP

Not only does our Constitution fail to provide clearly for

responsible leadership within the government, but our system of

"checks and balances," our party system of government, and the

organization and rules of Congress, all taken together, have

tended to confuse our leadership, and to impose upon us an

irresponsible leadership, OUTSIDE of the government as outlined by

the Constitution. To understand this it will first be necessary to

examine the organization of Congress.

THE CONGRESS

Congress, like the state legislatures, consists of two chambers,

the House of Representatives and the Senate; this being another

instance of "checks and balances."

The creation of two chambers in the Congress made possible a

satisfactory settlement of a dispute in the Constitutional

Convention with regard to the basis of representation. The larger

states wanted representation proportional to their population,

while the smaller states, insisted upon EQUAL representation for

all the states. It was settled that there should be equal

representation in the Senate, and proportional representation in

the House of Representatives. This is one of a series of

compromises that had to be made between the two parties in the

convention. In fact, the Constitution is a series of compromises

from beginning to end. Only thirty-nine of the fifty-five

delegates in the convention signed the Constitution, and it is

probable that no one even of the thirty-nine was wholly pleased

with it.

THE HOUSE OF REPRESENTATIVES

The number of representatives in the first Congress from each

state was fixed in the Constitution, and provision made for a

census in 1790 and every ten years thereafter, on the basis of

which a reapportionment should be made. At present there are 435

members of the House, one for about every 212,000 of the

population. They are elected by direct vote of the people, one

from each of the CONGRESSIONAL DISTRICTS into which each state is

divided, and for a term of two years.

THE SENATE

There are two senators from each state. The Constitution provided

that they were to be elected by the state legislatures, another

evidence of distrust of the people. In 1913, the seventeenth

amendment to the Constitution was enacted, providing for the

election of senators by popular vote, showing the growing spirit

of democracy and the distrust of the state legislatures. Senators

are elected for six years, but the term of only one third of them

expires at the same time, so that at least two thirds of the

Senate have always had at least two years' experience. No citizen

may become a senator until he is thirty years of age, while one

may become a member of the lower house at twenty-five.

EXCLUSIVE POWERS OF EACH HOUSE

The House of Representatives has one important power not possessed

by the Senate: it alone can originate bills for raising revenue.

This is because the representatives were supposed to be more

directly representative of the people than the senators. However,

the Senate may amend such bills, and often succeeds in forcing the

House to accept such radical amendments as practically to destroy

the advantage possessed by the latter in its power to originate

the bills.

In addition to its lawmaking powers, the Senate was intended to be

an advisory council to the President. Only with its "advice and

consent" may the President make appointments and treaties.

Investigate and report on the following:

The compromises of the Constitution.

The census of 1920.

The number of congressional districts in your state, and the

number of the one you live in.

The names of your representative and senators.

The qualifications for election to the House of Representatives

and to the Senate (Art. I, secs. 2 and 3). Compare with the

qualifications for election to the two houses of your legislature.

The characteristics of the Senate that make it more conservative

than the House of Representatives. The meaning of "conservatism."

Why the Senate should be more conservative than the House.

The "long" and "short" sessions of Congress.

How vacancies in Congress are filled between elections.

Legislation in which the representative from your district has

been especially interested during the last session of Congress.

In England a member of the House of Commons is not required to be

a resident of the district which he represents. Arguments for and

against this plan.

Debate the question: RESOLVED, that our Constitution should be

amended to provide for a "responsible cabinet government" as in

England.

ORGANIZATION OF CONGRESS

The presiding officer of the Senate is the Vice-President of the

United States, while that of the House of Representatives is a

SPEAKER elected by the House. The Vice-President has no vote in

the Senate except in case of a tie, when he may cast the deciding

vote. The Speaker, on the other hand, has all the rights of any

other member and has large powers by virtue of his position. He is

always elected by a strictly party vote, and therefore represents

the majority party in the House.

THE COMMITTEE SYSTEM

As in the state legislatures, and for the same reason, most of the

work of legislation in Congress is done by standing committees, of

which there are about sixty in the House and about seventy-five in

the Senate. As in the state legislatures, these committees are

chosen on party lines, the chairmen and the majority of the

members always being of the majority party. The procedure by which

legislation is carried on in Congress is very much the same as

that in the state legislatures, and has the same advantages and

disadvantages. There is even greater necessity for the committee

organization and for rules because of the vastly greater number of

bills introduced. In a recent Congress more than 33,000 bills were

introduced in the House of Representatives alone. Whereas in the

state legislatures some of the rules of procedure are fixed by the

state constitutions, the rules of Congress are determined entirely

by each house for itself. The committee on rules in each house,

the Speaker of the House of Representatives, and the chairmen of

the committees in both houses, may run things as they see fit.

That this is done there is plenty of evidence, such as the

following words of a member of Congress:

You send important questions to a committee, you put into the

hands of a few men the power to bring in bills, and then they are

brought in with an ironclad rule, and rammed down the throats of

members; and then those measures are sent out as being the

deliberate judgment of the Congress of the United States when no

deliberate judgment has been expressed by any man.

DIFFUSED LEADERSHIP IN CONGRESS

It is this procedure in Congress that causes leadership to become

diffused, hidden, and often to pass outside of the government

altogether into the hands of "bosses" and special "interests."

There can be no well-conceived PLAN worked out by responsible

leaders and approved by Congress as a whole. There may be "plans,"

worked out by leaders in Congress, but they are likely to be plans

designed to serve party ends rather than to promote a well-

thought-out program of national development. Thousands of bills of

the greatest variety are introduced by individual members and

handled by different committees acting independently of one

another and often at cross purposes.

RELATION BETWEEN EXECUTIVE AND LEGISTLATIVE BRANCHES

The legislative and executive branches of government are each

extremely jealous of any encroachment upon its powers by the

other. It is not always easy to decide just where the dividing

line lies between the powers properly exercised by each. It is

maintained on the one hand that Congress is encroaching on the

rightful domain of the executive; and at least it is true that

while it denies the President responsible leadership in

determining the policies of the government, it has failed to

substitute any other responsible leadership, and has even made

leadership obscure. On the other hand, it is maintained that the

executive encroaches upon the powers of Congress. While this

chapter was being written a member of the House of Representatives

made a speech in which he said:

This bill presents a fine specimen of bureaucratic legislation.

[Footnote: "Bureaucratic legislation" here means lawmaking by

bureaus in the executive branch of the government.] If the

Congress ever intends, as it surely does, to regain the powers

granted it by the fathers, of which it is now temporarily deprived

by bureaucratic encroachment, now is the time to start upon such a

campaign by defeating by a decisive majority the bill now offered

for your consideration ... Every time you weaken Congress by the

establishment of a bureau in which the authority of Congress is

lessened, you lay one more stone in the erection of the temple of

autocracy ... These bureaus are not only legislating by

administrative processes but are usurping the power and

prerogatives of the people's courts ...

THE DUTY OF CONGRESS TO WATCH THE EXECUTIVE

It is the business of the people's representatives in the law-

making branch of government not merely to make laws, but also to

watch and control the executive. The great English philosopher,

John Stuart Mill (1806-1873), thus stated the purpose of the

English House of Commons:

To watch and control the government; [Footnote: "Government" here

refers to the executive branch.] to throw the light of publicity

on its acts; to compel a full explanation and justification of all

of them which any one considers questionable; to censure them if

found condemnable; to be at once the nation's committee on

grievances; an arena in which not only the opinion of the nation,

but that of every section of it, and as far as possible, of every

eminent individual that it contains, can produce itself in full

sight and challenge full discussion.

As we have seen, the English House of Commons has a way to control

executive leadership without destroying it. Even if we desired to

do so, we could not adopt the English plan without changing our

Constitution. But there are ways in which the same result could in

a measure be accomplished without such change. One of these is by

a well-organized BUDGET SYSTEM.

RESPONSIBILITY FOR APPROPRIATIONS

The methods of making appropriations for the purposes of our

national government have been as unbusinesslike as in the states.

Charges of extravagance and inefficiency have been made freely,

the blame being placed sometimes upon Congress and sometimes upon

the executive departments. Both are at fault; and the difficulty

is that it is almost impossible to fix the responsibility

anywhere.

DUPLICATION AND CONFUSION IN THE EXECUTIVE BRANCH

Although the national government, unlike the states, has a single-

headed executive, the executive departments are composed of a

multitude of bureaus and other subdivisions that are not well

organized in their relations to one another. There is overlapping,

duplication, and even conflict of work. The director of finance of

the War Department said that in the recent war,

The War Department entered this war without any fixed or carefully

digested and prepared financial system. There were at the

beginning of the war five ... bureaus each independent of the

others, each making its own contracts, doing its own purchasing,

doing its own accounting, with as many different methods as there

were bureaus. As a result they were competing with each other in a

market where the supplies in many cases for which they were

competing were restricted in amount ... There was no central

authority to prune, revise, or compare estimates submitted and to

coordinate expenditures, and that naturally resulted in

overlappings and duplications, and some of them of a large amount.

[Footnote: Testimony before Budget Committee, quoted by Will

Payne, "Your Budget," Saturday Evening Post, Jan. 3, 1920, p. 32.]

The responsibility is partly in the executive department; but it

is also partly in Congress, for it creates bureaus, defines their

duties, appropriates money for them. And in Congress the

responsibility is divided among various committees.

One committee or subcommittee has supervision of building the

barracks at a given army post while another committee or

subcommittee has supervision of building the hospital at the same

post. One committee has jurisdiction of the guns, another

committee has jurisdiction of the emplacement of the guns. All

committees are jealous of their own prerogatives and sometimes

more or less jealous of other committees. [Footnote: Will Payne,

"Your Budget," SATURDAY EVENING POST, Jan. 3, 1920, p. 166.]

APPROPRIATIONS MADE MORE OR LESS BLINDLY

Each year the executive departments submit to the Secretary of the

Treasury an estimate of the amount of money they think they will

need. The Secretary of the Treasury puts these estimates together

without revision and without criticism and submits them to

Congress, together with an estimate of the probable revenues

available. While there is a committee on appropriations in each

house of Congress,

... one class of appropriations after another has been taken away

from this committee and intrusted to other committees until, as a

result, the work of preparing appropriations in the House of

Representatives is broken up so that there are now no less than

fourteen general appropriation bills prepared by seven different

committees ... In the preparation of their bills the committee on

appropriations and the other committees in charge of

appropriations are really compelled to work more or less blindly.

Sometimes they hold extensive hearings endeavoring to get a

complete grasp of the multitudinous detailed expenditures for

which they must provide. But, of course, it is impossible for the

several committees, in the time at their disposal, to give even

minor matters the amount of attention demanded by sound public

economy. [Footnote: C. A. Beard, AMERICAN GOVERNMENT AND POLITICS,

pp. 366, 367.]

THE PRINCIPLES OF A BUDGET SYSTEM

The first principles of a budget, according to students of

government, are that it should be prepared by the executive branch

of the government, which is responsible for spending the money;

that it should be prepared by an agency responsible directly to

the President, and with authority to revise and adjust the

estimates of the several departments in the light of the needs and

resources of the government as a whole; and that it should be

based upon an accounting system that will show clearly how

efficiently each department and minor subdivision is doing its

work. As this chapter is being written, a bill is before Congress

which, if passed, will more or less completely accomplish these

results.

THE NEED FOR CENTRALIZING APPROPRIATIONS

It remains for Congress, however, to make the appropriations

requested in the budget, with such modifications as may be shown

to be wise. It is generally accepted that appropriations cannot be

wisely made under the present system, and that responsibility for

them must be centered in one committee in each house.

This change will necessitate a change in the rules which can only

be made by each house for itself. A resolution has been introduced

in the House of Representatives recommending this change, but it

has not at this writing been acted upon.

In the English House of Commons, when the appropriation bill is

introduced, the House becomes in effect a court before which the

prime minister and his cabinet are placed on trial to defend their

budget. The whole House is in session. The minority party, which

conducts the opposition, employs counsel, and by its searching

inquiries compels the cabinet to explain and defend the budget at

every point. By this procedure the public is informed as to the

work and program of the government, and the executive leaders held

strictly to account.

RESPONSIBILITY OF THE CITIZEN

A budget system, however good it may be, like all other

governmental machinery is merely an organization for team work,

and will do very little good unless the team work is forthcoming,

not only among the various branches and departments of government,

but also on the part of the citizens.

If there is a real budget it has got to be your budget. It will be

good, bad or indifferent finally just in proportion to your

interest in it and your expression of that interest at the polls

and elsewhere. If there is a good budget system--not on paper, but

in actual practice--you've got to make it. If, when a budget bill

is finally enacted you say, "Well, that job is done," and dismiss

it from your mind there will be no lasting gain ... [Footnote:

Will Payne, "Your Budget," SATURDAY EVENING POST January 3, 1920,

p. 30.]

Effective control over government can be exercised only by PUBLIC

OPINION and PUBLIC INTEREST. We may have any kind of government we

want, if we only want it badly enough, and only when we want it

badly enough. The blame for inefficiency and wastefulness on the

part of government at Washington, or at the state capital, or at

the county seat, rests largely with the people back home, who are

either selfish or blind to the fact that the interests of the

nation are larger than their own or those of their own little

community. The very people who talk most loudly about the

extravagance of government, or about the burden of taxes, are

likely to be the ones who expect most from their congressmen for

purely personal or local advantage. They are likely to judge their

representative's fitness for his position more by his ability to

get funds from the public treasury for local gratification than by

his attitude toward great national questions.

Investigate and report on the following:

The present Speaker of the House of Representatives, and some of

the more important members.

Leaders in the Senate at the present time.

A list of some of the more important committees in each House of

Congress.

The procedure by which a bill becomes a law, from the time when it

is introduced to the time it goes into effect as a law of the

land.

Bills introduced in Congress by the representative from your

district. The purposes of these bills. (Consult at home, at your

public library, at your newspaper office.)

Follow the course of debate on some measure in the House of

Representatives or the Senate in the files of the Congressional

Record (files may be found at your public library, or at the

newspaper offices, if not in your school).

Conflict of opinion regarding the powers of the President and of

the Senate in connection with the discussion of the treaty of

peace with Germany.

"Filibustering" in Congress.

Clause 2 of section 6 of Article I of the Constitution says, "No

person holding any office under the United States shall be a

member of either House during his continuance in office." Why is

this?

The privileges of members of Congress under clause I of section 6

of Article I of the Constitution. Reasons for these privileges.

"Log-rolling" in Congress, what it is and why so called.

The details of the budget system of the national government if one

has been created by the time you study this chapter.

Any change in the rules of Congress relating to appropriations.

The desirability of introducing in our government a plan similar

to that used by the House of Commons.

THE NATIONAL JUDICIARY

The judicial power of the United States government is vested by

the Constitution "in one Supreme Court, and in such inferior

courts as the Congress may from time to time ordain and establish"

(Art. III, sec. I). The number of judges in the Supreme Court is

determined by Congress, and they are appointed by the President

with the advice and consent of the Senate. At present the Supreme

Court consists of a chief justice and eight associate justices.

Its sessions are held in the Capitol building at Washington.

Congress has created circuit courts of appeals, of which there are

now nine, each "circuit" including several states; and district

courts, of which there is at least one in every state, and

sometimes several. In addition to these there is a court of

customs appeals and a court of claims, for special classes of

cases. The courts of the District of Columbia are also United

States courts, inasmuch as the District is governed entirely by

the national government. The judges of all United States courts

are appointed by the President and hold office for life.

POWERS OF THE FEDERAL COURTS

The powers of the federal courts are stated in Article III,

section 2, of the Constitution. In general, they have jurisdiction

over cases of a national or interstate character. Most cases that

come in the first instance before the federal courts are tried in

the United States district courts, going to the higher courts only

on appeal; but there are certain classes of cases that go to the

Supreme Court at once (Art. III, sec. 2, cl. 2). A case brought to

trial before a state court may be appealed to the Supreme Court of

the United States when the Constitution, the laws, or the treaties

of the United States are involved, and its decision is final. The

Supreme Court may declare a law passed by Congress or an act of

the President null and void if, in its opinion, such law or act is

contrary to the provisions of the Constitution. It has been

questioned whether the framers of the Constitution intended the

Supreme Court to have this power, but it exercises the power on

the ground that the Constitution is the supreme law of the land to

which even Congress and the President are subject, and that it is

the sacred duty of the courts to preserve it from violation. We

have noted the influence exercised by the Supreme Court in

extending the activities of the United States government by its

broad interpretations of the Constitution.

Study the powers of the federal courts in Article III, sections 1

and 2.

What is treason? (Art. III, sec. 3, cl. I.)

What is meant by the second clause in section 3 of Article III?

READINGS

Guerrier, Edith, The Federal Executive Departments, Bulletin,

1919, No. 74, U. S. Bureau of Education. Swanton, W. I., Guide to

United States Government Publications; Bulletin, 1918, No. 2, U.

S. Bureau of Education.

In Lessons in Community and National Life:

Series A: Lesson 12, History of the federal departments.

Lesson 18, Local and national governments.

Series B: Lesson 13, The Department of the Interior.

Lesson 14, The United States Public Health Service.

Lesson 21, National standards and the Bureau of Standards.

In Foerster and Pierson's American Ideals: The nature of the Union

(Daniel Webster), pp. 17-26. The nature of the Union (John C.

Calhoun), pp. 27-44. Jefferson's First Inaugural Address, pp 59-

64. The frame of the national government (Bryce), pp. 285-300.

Criticism of the federal system (Bryce), pp. 301-311. Merits of

the federal system (Bryce), pp. 312-321.

Beard, C. A., American Government and Politics, Part ii,

especially chaps, xi and xiv Hart, A. B., Actual Government, Part

v, The National Government in Action. Bryce, James, The American

Commonwealth, vol. I, Part i. Wilson, Woodrow, Congressional

Government (Houghton Mifflin Co.). Haskin, F. J., The American

Government (Lippincott). Young, The New American Government

(Macmillan).

APPENDIX

THE CONSTITUTION OF THE UNITED STATES

PREAMBLE

We, the people of the United States, in order to form a more

perfect union, establish justice, insure domestic tranquillity,

provide for the common defence, promote the general welfare, and

secure the blessings of liberty to ourselves and our posterity, do

ordain and establish this CONSTITUTION for the United States of

America.

ARTICLE I. THE LEGISLATIVE DEPARTMENT

SECTION I. CONGRESS IN GENERAL

All legislative powers herein granted shall be vested in a

Congress of the United States, which shall consist of a Senate and

House of Representatives.

SECTION II. HOUSE OF REPRESENTATIVES

1st Clause. The House of Representatives shall be composed of

members chosen every second year by the people of the several

States, and the electors in each State shall have the

qualifications requisite for electors of the most numerous branch

of the State legislature.

2nd Clause. No person shall be a representative who shall not have

attained to the age of twenty-five years, and been seven years a

citizen of the United States, and who shall not, when elected, be

an inhabitant of that State in which he shall be chosen.

3rd Clause. Representatives and direct taxes shall be apportioned

among the several States which may be included within this Union,

according to their respective numbers, which shall be determined

by adding to the whole number of free persons, including those

bound to service for a term of years, and, excluding Indians not

taxed, three-fifths of all other persons. The actual enumeration

shall be made within three years after the first meeting of the

Congress of the United States, and within every subsequent term of

ten years, in such manner as they shall by law direct. The number

of representatives shall not exceed one for every thirty thousand,

but each State shall have at least one representative; and until

such enumeration shall be made, the State of New Hampshire shall

be entitled to choose three, Massachusetts eight, Rhode Island and

Providence Plantations one, Connecticut five, New York six, New

Jersey four, Pennsylvania eight, Delaware one, Maryland six,

Virginia ten, North Carolina five, South Carolina five, and

Georgia three.

4TH CLAUSE. When vacancies happen in the representation from any

State, the executive authority thereof shall issue writs of

election to fill such vacancies.

5TH CLAUSE. The House of Representatives shall choose their

Speaker and other officers; and shall have the sole power of

impeachment.

SECTION III. THE SENATE.

1ST CLAUSE. The Senate of the United States shall be composed of

two senators from each State, chosen by the legislature thereof,

for six years; and each senator shall have one vote.

2nd CLAUSE. Immediately after they shall be assembled in

consequence of the first election, they shall be divided as

equally as may be into three classes. The seats of the senators of

the first class shall be vacated at the expiration of the second

year, of the second class at the expiration of the fourth year,

and of the third class at the expiration of the sixth year, so

that one-third may be chosen every second year; and if vacancies

happen by resignation, or otherwise, during the recess of the

legislature of any State, the executive thereof may make temporary

appointments until the next meeting of the legislature, which

shall then fill such vacancies.

3rd CLAUSE. No person shall be a senator who shall not have

attained to the age of thirty years, and been nine years a citizen

of the United States, and who shall not, when elected, be an

inhabitant of that State for which he shall be chosen.

4TH CLAUSE. The Vice-President of the United States shall be

President of the Senate, but shall have no vote, unless they be

equally divided.

5TH CLAUSE. The Senate shall choose their other officers, and also

a President pro tempore, in the absence of the Vice-President, or

when he shall exercise the office of President of the United

States.

6TH CLAUSE. The Senate shall have the sole power to try all

impeachments. When sitting for that purpose, they shall all be on

oath or affirmation. When the President of the United States is

tried, the Chief Justice shall preside; and no person shall be

convicted without the concurrence of two-thirds of the members

present.

7TH CLAUSE. Judgment in cases of impeachment shall not extend

further than to removal from office, and disqualification to hold

and enjoy any office of honor, trust, or profit under the United

States; but the party convicted shall nevertheless be liable and

subject to indictment, trial, judgment, and punishment, according

to law.

SECTION IV. BOTH HOUSES.

1ST CLAUSE. The times, places, and manner of holding elections for

senators and representatives, shall be prescribed in each State by

the legislature thereof; but the Congress may at any time by law

make or alter such regulations, except as to the places of

choosing senators.

2nd CLAUSE. The Congress shall assemble at least once in every

year, and such meeting shall be on the first Monday in December,

unless they shall by law appoint a different day.

SECTION V. THE HOUSES SEPARATELY.

1ST CLAUSE. Each house shall be the judge of the elections,

returns, and qualifications of its own members, and a majority of

each shall constitute a quorum to do business; but a smaller

number may adjourn from day to day, and may be authorized to

compel the attendance of absent members, in such manner and under

such penalties as each house may provide.

2nd CLAUSE. Each house may determine the rules of its proceedings,

punish its members for disorderly behavior, and, with the

concurrence of two-thirds, expel a member.

3rd CLAUSE. Each house shall keep a journal of its proceedings,

and from time to time publish the same, excepting such parts as

may in their judgment require secrecy; and the yeas and nays of

the members of either house on any question shall, at the desire

of one-fifth of those present, be entered on the journal.

4TH CLAUSE. Neither house, during the session of Congress, shall,

without the consent of the other, adjourn for more than three

days, nor to any other place than that in which the two houses

shall be sitting.

SECTION VI. PRIVILEGES AND DISABILITIES OF MEMBERS.

1ST CLAUSE. The senators and representatives shall receive a

compensation for their services, to be ascertained by law, and

paid out of the treasury of the United States. They shall, in all

cases except treason, felony and breach of the peace, be

privileged from arrest during their attendance at the session of

their respective houses, and in going to and returning from the

same; and for any speech or debate in either house, they shall not

be questioned in any other place.

2nd CLAUSE. No senator or representative shall, during the time

for which he was elected, be appointed to any civil office under

the authority of the United States, which shall have been created,

or the emoluments whereof shall have been increased during such

time; and no person holding any office under the United States

shall be a member of either house during his continuance in

office.

SECTION VII. MODE OF PASSING LAWS

1ST CLAUSE. All bills for raising revenue shall originate in the

House of Representatives; but the Senate may propose or concur

with amendments as on other bills.

2nd CLAUSE. Every bill which shall have passed the House of

Representatives and the Senate shall, before it become a law, be

presented to the President of the United States; if he approve he

shall sign it, but if not he shall return it, with his objections,

to that house in which it shall have originated, who shall enter

the objections at large on their journal, and proceed to

reconsider it. If after such reconsideration two-thirds of that

house shall agree to pass the bill, it shall be sent, together

with the objections, to the other house, by which it shall

likewise be reconsidered, and if approved by two-thirds of that

house, it shall become a law. But in all such cases the votes of

both houses shall be determined by yeas and nays, and the names of

the persons voting for and against the bill shall be entered on

the journal of each house respectively. If any bill shall not be

returned by the President within ten days (Sundays excepted) after

it shall have been presented to him, the same shall be a law, in

like manner as if he had signed it, unless the Congress by their

adjournment prevent its return, in which case it shall not be a

law.

3rd CLAUSE. Every order, resolution, or vote to which the

concurrence of the Senate and House of Representatives may be

necessary (except on a question of adjournment) shall be presented

to the President of the United States; and before the same shall

take effect, shall be approved by him, or being disapproved by

him, shall be repassed by two-thirds of the Senate and House of

Representatives, according to the rules and limitations prescribed

in the case of a bill.

SECTION VIII. POWERS GRANTED TO CONGRESS.

The Congress shall have power--

1ST CLAUSE. To lay and collect taxes, duties, imposts, and

excises, to pay the debts, and provide for the common defence and

general welfare of the United States; but all duties, imposts, and

excises shall be uniform throughout the United States;

2nd CLAUSE. To borrow money on the credit of the United States;

3rd CLAUSE. To regulate commerce with foreign nations, and among

the several States, and with the Indian tribes;

4TH CLAUSE. To establish a uniform rule of naturalization, and

uniform laws on the subject of bankruptcies throughout the United

States;

5TH CLAUSE. To coin money, regulate the value thereof, and of

foreign coin, and fix the standard of weights and measures;

6TH CLAUSE. To provide for the punishment of counterfeiting the

securities and current coin of the United States;

7TH CLAUSE. To establish post-offices and post-roads;

8TH CLAUSE. To promote the progress of science and useful arts, by

securing for limited times to authors and inventors the exclusive

right to their respective writings and discoveries;

9TH CLAUSE. To constitute tribunals inferior to the Supreme Court;

10TH CLAUSE. To define and punish piracies and felonies committed

on the high seas, and offences against the law of nations;

11TH CLAUSE. To declare war, grant letters of marque and reprisal,

and make rules concerning captures on land and water;

12TH CLAUSE. To raise and support armies; but no appropriation of

money to that use shall be for a longer term than two years;

13TH CLAUSE. To provide and maintain a navy;

14TH CLAUSE. To make rules for the government and regulation of

the land and naval forces;

15TH CLAUSE. To provide for calling forth the militia to execute

the laws of the Union, suppress insurrections, and repel

invasions;

16TH CLAUSE. To provide for organising, arming, and disciplining

the militia, and for governing such part of them as may be

employed in the service of the United States, reserving to the

States respectively the appointment of the officers, and the

authority of training the militia according to the discipline

prescribed by Congress;

17TH CLAUSE. To exercise exclusive legislation in all cases

whatsoever, over such district (not exceeding ten miles square) as

may, by cession of particular States, and the acceptance of

Congress, become the seat of the Government of the United States;

and to exercise like authority over all places purchased by the

consent of the legislature of the State in which the same shall

be, for the erection of forts, magazines, arsenals, dock-yards,

and other needful buildings;--and

18TH CLAUSE. To make all laws which shall be necessary and proper

for carrying into execution the foregoing powers, and all other

powers vested by this Constitution in the government of the United

States, or in any department or officer thereof.

SECTION IX. POWERS DENIED TO THE UNITED STATES.

1ST CLAUSE. The migration or importation of such persons as any of

the States now existing shall think proper to admit, shall not be

prohibited by the Congress prior to the year one thousand eight

hundred and eight, but a tax or duty may be imposed on such

importation, not exceeding ten dollars for each person.

2nd CLAUSE. The privilege of the writ of habeas corpus shall not

be suspended, unless when in cases of rebellion or invasion the

public safety may require it.

3rd CLAUSE. No bill of attainder or ex post facto law shall be

passed.

4TH CLAUSE. No capitation, or other direct tax shall be laid,

unless in proportion to the census or enumeration hereinbefore

directed to be taken.

5TH CLAUSE. No tax or duty shall be laid on articles exported from

any State.

6TH CLAUSE. No preference shall be given by any regulation of

commerce or revenue to the ports of one State over those of

another; nor shall vessels bound to, or from, one State, be

obliged to enter, clear, or pay duties in another.

7TH CLAUSE. No money shall be drawn from the treasury, but in

consequence of appropriations made by law; and a regular statement

and account of the receipts and expenditures of all public money

shall be published from time to time.

8TH CLAUSE. No title of nobility shall be granted by the United

States; and no person holding any office of profit or trust under

them shall, without the consent of Congress, accept of any

present, emolument, office, or title, of any kind whatever, from

any king, prince, or foreign State.

SECTION X. POWERS DENIED TO THE STATES.

1ST CLAUSE. No State shall enter into any treaty, alliance, or

confederation; grant letters of marque and reprisal; coin money;

emit bills of credit; make anything but gold and silver coin a

tender in payment of debts; pass any bill of attainder, EX POST

FACTO law, or law impairing the obligation of contracts, or grant

any title of nobility.

2nd CLAUSE. No State shall, without the consent of the Congress,

lay any imposts or duties on imports or exports, except what may

be absolutely necessary for executing its inspection laws; and the

net produce of all duties and imposts, laid by any State on

imports or exports, shall be for the use of the treasury of the

United States; and all such laws shall be subject to the revision

and control of the Congress.

3rd CLAUSE. No State shall, without the consent of Congress, lay

any duty of tonnage, keep troops, or ships of war in time of

peace, enter into any agreement or compact with another State or

with a foreign power, or engage in war, unless actually invaded,

or in such imminent danger as will not admit of delay.

ARTICLE II. THE EXECUTIVE DEPARTMENT.

SECTION I. PRESIDENT AND VICE-PRESIDENT.

1ST CLAUSE. The executive power shall be vested in a President of

the United States of America. He shall hold his office during the

term of four years, and, together with the Vice-President, chosen

for the same term, be elected as follows:

2nd CLAUSE. Each State shall appoint, in such manner as the

legislature thereof may direct, a number of electors, equal to the

whole number of senators and representatives to which the State

may be entitled in the Congress. But no senator or representative,

or person holding an office of trust or profit under the United

States, shall be appointed an elector.

[The 3rd clause has been superseded by the 12th article of

Amendments. See page xix.]

4TH CLAUSE. The Congress may determine the time of choosing the

electors, and the day on which they shall give their votes, which

day shall be the same throughout the United States.

5TH CLAUSE. No person, except a natural-born citizen, or a citizen

of the United States at the time of the adoption of this

Constitution, shall be eligible to the office of President;

neither shall any person be eligible to that office who shall not

have attained to the age of thirty-five years, and been fourteen

years a resident within the United States.

6TH CLAUSE. In case of the removal of the President from office,

or of his death, resignation, or inability to discharge the powers

and duties of the said office, the same shall devolve on the Vice-

President; and the Congress may by law provide for the case of

removal, death, resignation, or inability, both of the President

and Vice-President, declaring what officer shall then act as

President, and such officer shall act accordingly, until the

disability be removed, or a President shall be elected.

7TH CLAUSE. The President shall, at stated times, receive for his

services a compensation, which shall neither be increased nor

diminished during the period for which he shall have been elected,

and he shall not receive within that period any other emolument

from the United States, or any of them.

8TH CLAUSE. Before he enter on the execution of his office, he

shall take the following oath or affirmation:--"I do solemnly

swear (or affirm) that I will faithfully execute the office of

President of the United States, and will, to the best of my

ability, preserve, protect, and defend the Constitution of the

United States."

SECTION II. POWERS OF THE PRESIDENT.

1ST CLAUSE. The President shall be commander-in-chief of the army

and navy of the United States, and of the militia of the several

States, when called into the actual service of the United States;

he may require the opinion, in writing, of the principal officer

in each of the executive departments, upon any subject relating to

the duties of their respective offices, and he shall have power to

grant reprieves and pardons for offences against the United

States, except in cases of impeachment.

3rd CLAUSE. He shall have power, by and with the advice and

consent of the Senate, to make treaties, provided two-thirds of

the senators present concur; and he shall nominate, and by and

with the advice and consent of the Senate, shall appoint,

ambassadors, other public ministers and consuls, judges of the

Supreme Court, and all other officers of the United States, whose

appointments are not herein otherwise provided for, and which

shall be established by law; but the Congress may by law vest the

appointment of such inferior officers, as they think proper, in

the President alone, in the courts of law, or in the heads of

departments.

3rd CLAUSE. The President shall have power to fill up all

vacancies that may happen during the recess of the Senate, by

granting commissions, which shall expire at the end of their next

session.

SECTION III. DUTIES OF THE PRESIDENT.

He shall from time to time give to the Congress information of the

state of the Union, and recommend to their consideration such

measures as he shall judge necessary and expedient; he may, on

extraordinary occasions convene both houses or either of them, and

in case of disagreement between them with respect to the time of

adjournment, he may adjourn them to such time as he shall think

proper; he shall receive ambassadors and other public ministers;

he shall take care that the laws be faithfully executed, and shall

commission all the officers of the United States.

SECTION IV. Impeachment of the President.

The President, Vice-President, and all civil officers of the

United States, shall be removed from office on impeachment for,

and conviction of, treason, bribery, or other high crimes and

misdemeanors.

ARTICLE III. THE JUDICIAL DEPARTMENT.

SECTION I. The United States Courts.

The judicial power of the United States shall be vested in one

Supreme Court, and in such inferior courts as the Congress may

from time to time ordain and establish. The judges, both of the

Supreme and inferior courts, shall hold their offices during good

behavior, and shall, at stated times, receive for their services a

compensation, which shall not be diminished during their

continuance in office.

SECTION II. Jurisdiction of the United States Courts.

1st Clause. The judicial power shall extend to all cases, in law

and equity arising under this Constitution, the laws of the United

States, and treaties made, or which shall be made, under their

authority, to all cases affecting ambassadors, other public

ministers, and consuls; to all cases of admiralty and maritime

jurisdiction; to controversies to which the United States shall be

a party; to controversies between two or more States; between a

State and citizens of another State; between citizens of different

States; between citizens of the same State claiming lands under

grants of different States, and between a State, or the citizens

thereof, and foreign states, citizens, or subjects.

2nd Clause. In all cases affecting ambassadors, other public

ministers and consuls, and those in which a State shall be a

party, the Supreme Court shall have original jurisdiction. In all

the other cases before mentioned, the Supreme Court shall have

appellate jurisdiction, both as to law and fact, with such

exceptions and under such regulations as the Congress shall make.

3rd Clause. The trial of all crimes, except in cases of

impeachment, shall be by jury; and such trial shall be held in the

State where the said crimes shall have been committed; but when

not committed within any State, the trial shall be at such place

or places as the Congress may by law have directed.

SECTION III. TREASON.

1ST CLAUSE. Treason against the United States shall consist only

in levying war against them, or in adhering to their enemies,

giving them aid and comfort. No person shall be convicted of

treason unless on the testimony of two witnesses to the same overt

act, or on confession in open court.

2nd CLAUSE. The Congress shall have power to declare the

punishment of treason, but no attainder of treason shall work

corruption of blood, or forfeiture except during the life of the

person attainted.

ARTICLE IV. MISCELLANEOUS PROVISIONS.

SECTION I. STATE RECORDS.

Full faith and credit shall be given in each State to the public

acts, records, and judicial proceedings of every other State. And

the Congress may by general laws prescribe the manner in which,

such acts, records, and proceedings shall be proved, and the

effect thereof.

SECTION II. PRIVILEGES OF CITIZENS.

1ST CLAUSE. The citizens of each State shall be entitled to all

privileges and immunities of citizens in the several States.

2nd CLAUSE. A person charged in any State with treason, felony, or

other crime, who shall flee from justice, and be found in another

State, shall, on demand of the executive authority of the State

from which he fled, be delivered up, to be removed to the State

having jurisdiction of the crime.

3rd CLAUSE. No person held to service or labor in one State, under

the laws thereof, escaping into another, shall, in consequence of

any law or regulation therein, be discharged from such service or

labor, but shall be delivered up on claim of the party to whom

such service or labor may be due.

SECTION III. NEW STATES AND TERRITORIES.

1ST CLAUSE. New States may be admitted by the Congress into this

Union; but no new State shall be formed or erected within the

jurisdiction of any other State; nor any State be formed by the

junction of two or more States or parts of States, without the

consent of the legislatures of the States concerned as well as of

the Congress.

2nd CLAUSE. The Congress shall have power to dispose of and make

all needful rules and regulations respecting the territory or

other property belonging to the United States; and nothing in this

Constitution shall be so construed as to prejudice any claims of

the United States or of any particular State.

SECTION IV. Guarantees to the States.

The United States shall guarantee to every State in this Union a

republican form of government, and shall protect each of them

against invasion; and on application of the legislature, or of the

executive (when the legislature cannot be convened), against

domestic violence.

ARTICLE V. POWERS OP AMENDMENT.

The Congress, whenever two-thirds of both houses shall deem it

necessary, shall propose amendments to this Constitution, or, on

the application of the legislatures of two-thirds of the several

States, shall call a convention for proposing amendments, which,

in either case, shall be valid, to all intents and purposes, as

part of this Constitution, when ratified by the legislatures of

three-fourths of the several States, or by conventions in three-

fourths thereof, as the one or the other mode of ratification may

be proposed by the Congress: provided that no amendment which may

be made prior to the year one thousand eight hundred and eight

shall in any manner affect the first and fourth clauses in the

ninth section of the first article; and that no State, without its

consent, shall be deprived of its equal suffrage in the Senate.

ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTITUTION, OATH OF

OFFICE, RELIGIOUS TEST.

1st Clause. All debts contracted and engagements entered into

before the adoption of this Constitution, shall be as valid

against the United States under this Constitution, as under the

Confederation.

2nd Clause. This Constitution, and the laws of the United States

which shall be made in pursuance thereof, and all treaties made,

or which shall be made, under the authority of the United States,

shall be the supreme law of the land; and the judges in every

State shall be bound thereby, anything in the Constitution or laws

of any State to the contrary notwithstanding.

3rd Clause. The senators and representatives before mentioned, and

the members of the several State legislatures, and all executive

and judicial officers, both of the United States and of the

several States, shall be bound by oath or affirmation to support

this Constitution; but no religious test shall ever be required as

a qualification to any office or public trust under the United

States.

ARTICLE VII. RATIFICATION OF THE CONSTITUTION.

The ratification of the conventions of nine States shall be

sufficient for the establishment of this Constitution between the

States so ratifying the same.

AMENDMENTS

PROPOSED BY CONGRESS AND RATIFIED BY THE LEGISLATURES OF THE

SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL

CONSTITUTION.

ARTICLE I. FREEDOM OF RELIGION.

Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof; or abridging

the freedom of speech or of the press; or the right of the people

peaceably to assemble, and to petition the government for a

redress of grievances.

ARTICLE II. RIGHT TO BEAR ARMS.

A well-regulated militia being necessary to the security of a free

state, the right of the people to keep and bear arms shall not be

infringed.

ARTICLE III. QUARTERING SOLDIERS ON CITIZENS.

No soldier shall, in time of peace, be quartered in any house

without the consent of the owner, nor in time of war but in a

manner to be prescribed by law.

ARTICLE IV. SEARCH WARRANTS.

The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures,

shall not be violated, and no warrants shall issue but upon

probable cause, supported by oath or affirmation, and particularly

describing the place to be searched, and the persons or things to

be seized.

ARTICLE V. TRIAL FOR CRIME.

No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a grand

jury, except in cases arising in the land or naval forces, or in

the militia, when in actual service in time of war or public

danger; nor shall any person be subject for the same offence to be

twice put in jeopardy of life or limb; nor shall be compelled in

any criminal case to be a witness against himself, nor be deprived

of life, liberty, or property without due process of law; nor

shall private property be taken for public use without just

compensation.

ARTICLE VI. RIGHTS OF ACCUSED PERSONS.

In all criminal prosecutions, the accused shall enjoy the right to

a speedy and public trial by an impartial jury of the State and

district wherein the crime shall have been committed, which

district shall have been previously ascertained by law, and to be

informed of the nature and cause of the accusation; to be

confronted with the witnesses against him; to have compulsory

process for obtaining witnesses in his favor, and to have the

assistance of counsel for his defence.

ARTICLE VII. SUITS AT COMMON LAW.

In suits at common law, where the value in controversy shall

exceed twenty dollars, the right of trial by jury shall be

preserved, and no fact tried by a jury shall be otherwise re-

examined in any court of the United States than according to the

rules of the common law.

ARTICLE VIII. EXCESSIVE BAIL.

Excessive bail shall not be required, nor excessive fines imposed,

nor cruel and unusual punishments inflicted.

ARTICLE IX. RIGHTS RETAINED BY THE PEOPLE.

The enumeration in the Constitution of certain rights shall not be

construed to deny or disparage others retained by the people.

ARTICLE X. RESERVED RIGHTS OF THE STATES.

The powers not delegated to the United States by the Constitution,

nor prohibited by it to the States, are reserved to the States

respectively, or to the people.

ARTICLE XI.

The judicial power of the United States shall not be construed to

extend to any suit, in law or equity, commenced or prosecuted

against one of the United States by citizens of another State, or

by citizens or subjects of any foreign state.

ARTICLE XII.

1ST CLAUSE. The electors shall meet in their respective States,

and vote by ballot for President and Vice-President, one of whom,

at least, shall not be an inhabitant of the same State with

themselves; they shall name in their ballots the person voted for

as President, and in distinct ballots the person voted for as

Vice-President, and they shall make distinct lists of all persons

voted for as President, and of all persons voted for as Vice-

President, and of the number of votes for each, which lists they

shall sign and certify, and transmit sealed to the seat of the

government of the United States, directed to the President of the

Senate; the President of the Senate shall, in presence of the

Senate and House of Representatives, open all the certificates,

and the votes shall then be counted; the person having the

greatest number of votes for President shall be the President, if

such number be a majority of the whole number of electors

appointed; and if no person have such majority, then from the

persons having the highest numbers, not exceeding three on the

list of those voted for as President, the House of Representatives

shall choose immediately, by ballot, the President. But in

choosing the President, the votes shall be taken by States, the

representation from each State having one vote; a quorum for this

purpose shall consist of a member or members from two-thirds of

the States, and a majority of all the States shall be necessary to

a choice. And if the House of Representatives shall not choose a

President whenever the right of choice shall devolve upon them,

before the fourth day of March next following, then the Vice-

President shall act as President, as in the case of the death or

other constitutional disability of the President.

2nd CLAUSE. The person having the greatest number of votes as

Vice-President shall be the Vice-President, if such number be a

majority of the whole number of electors appointed; and if no

person have a majority, then from the two highest numbers on the

list the Senate shall choose the Vice-President; a quorum for the

purpose shall consist of two-thirds of the whole number of

senators, and a majority of the whole number shall be necessary to

a choice.

3rd CLAUSE. But no person constitutionally ineligible to the

office of President shall be eligible to that of Vice-President of

the United States.

ARTICLE XIII.

SECTION I. Neither slavery nor involuntary servitude, except as a

punishment for crime, whereof the party shall have been duly

convicted, shall exist within the United States, or any place

subject to their jurisdiction.

SEC. II. Congress shall have power to enforce this article by

appropriate legislation.

ARTICLE XIV.

SECTION I. All persons born or naturalized in the United States,

and subject to the jurisdiction thereof, are citizens of the

United States and of the State wherein they reside. No State shall

make or enforce any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall any State

deprive any person of life, liberty, or property, without due

process of law, nor deny any person within its jurisdiction the

equal protection of the laws.

SEC. II. Representatives shall be apportioned among the several

States according to their respective numbers, counting the whole

number of persons in each State, excluding Indians not taxed. But

when the right to vote at any election for the choice of electors

for President and Vice-President of the United States,

representatives in Congress, the executive and judicial officers

of a State, or the members of the legislature thereof, is denied

to any of the male inhabitants of such State, being twenty-one

years of age, and citizens of the United States, or in any way

abridged, except for participation in rebellion or other crime,

the basis of representation therein shall be reduced in the

proportion which the number of such male citizens shall bear to

the whole number of male citizens twenty-one years of age in such

State. SEC. III. No person shall be a senator or representative in

Congress, or elector of President and Vice-President, or hold any

office, civil or military, under the United States, or under any

State, who, having previously taken an oath, as a member of

Congress, or as an officer of the United States, or as a member of

any State legislature, or as an executive or judicial officer of

any State, to support the Constitution of the United States, shall

have engaged in insurrection or rebellion against the same, or

given aid or comfort to the enemies thereof. But Congress may, by

a vote of two-thirds of each house, remove such disability.

SEC. IV. The validity of the public debt of the United States,

authorized by law, including debts incurred for payment of

pensions and bounties for services in suppressing insurrection or

rebellion, shall not be questioned. But neither the United States

nor any State shall assume or pay any debt or obligation incurred

in aid of insurrection or rebellion against the United States, or

any claim for the loss or emancipation of any slave; but all such

debts, obligations, and claims shall be held illegal and void.

SEC. V. The Congress shall have power to enforce, by appropriate

legislation, the provisions of this article.

ARTICLE XV.

SECTION I. The right of citizens of the United States to vote

shall not be denied or abridged by the United States, or by any

State, on account of race, color, or previous condition of

servitude.

SEC. II. The Congress shall have power to enforce this article by

appropriate legislation.

ARTICLE XVI.

The Congress shall have power to lay and collect taxes on incomes,

from whatever source derived, without apportionment among the

several States, and without regard to any census or enumeration.

ARTICLE XVII.

SECTION I. The Senate of the United States shall be composed of

two Senators from each State, elected by the people thereof, for

six years; and each Senator shall have one vote. The electors in

each State shall have the qualifications requisite for electors of

the most numerous branch of the State Legislatures.

SEC. II. When vacancies happen in the representation of any State

in the Senate, the executive authority of such State shall issue

writs of election to fill such vacancies: Provided that the

Legislature of any State may empower the executive thereof to make

temporary appointments until the people fill the vacancies by

election as the Legislature may direct.

SEC. III. This amendment shall not be so construed as to affect

the election or term of any Senator chosen before it becomes valid

as part of the Constitution.

ARTICLE XVIII.

SECTION I. After one year from the ratification of this article,

the manufacture, sale, or transportation of intoxicating liquors

within, the importation thereof into, or the exportation thereof

from, the United States and all territory subject to the

jurisdiction thereof, for beverage purposes, is hereby prohibited.

SEC. II. The Congress and the several States shall have concurrent

power to enforce this article by appropriate legislation.

SEC. III. This article shall be inoperative unless it shall have

been ratified as an amendment to the Constitution by the

legislatures of the several States, as provided in the

Constitution, within seven years from the date of the submission

thereof to the States by the Congress.

ARTICLE XIX.

SECTION 1. The right of citizens of the United States to vote

shall not be denied or abridged by the United States or by any

state on account of sex.

SECT. 2. The Congress shall have power to enforce this article by

appropriate legislation.

End of Project Gutenberg's Community Civics and Rural Life, by Arthur W. Dunn

Community Civics and Rural Life · 第 16 / 16 章