CHAPTER X.

STATE CONSTITUTIONS.

Their purpose.--A constitution in the American sense of the term is a

written instrument defining the powers of government and distributing

those powers among the branches or departments thereof. It is the

fundamental law, the voice of the people granting or withholding power. A

primary purpose of the instrument is to give form and authority to the

government; another is to protect individuals and minorities from the

tyranny of the majority. Each of the states has a constitution.

Their origin.--In most of the countries of Europe, including England, what

is called the constitution is not written. It consists largely of the

maxims of experience, the principles sanctioned by custom. When a new

political custom becomes prevalent it gradually becomes recognized as part

of the constitution.

Written constitutions in this country probably arose from the fact that

the charters granted to the colonies and securing to them privileges, were

in writing. And these written charters themselves grew out of a practice

prevalent in England of securing the rights of towns and cities by written

charters wrung from the king. Some general charters of liberties, too, had

been secured. Among these may be mentioned the charter granted by Henry I.

in 1100; the Magna Charta, or great charter, wrung from King John in 1215;

and the Petition of Right, the Habeas Corpus Act, and the Bill of Rights,

secured in the seventeenth century.

Some of the charters granted to colonies were so liberal in their terms

that they were adopted as constitutions when the colonies became states.

The charter of Connecticut remained its constitution till 1818. And even

in 1842 it was with difficulty that the people of Rhode Island could be

prevailed upon to give up the old charter for a new constitution.

Their Contents.--The state constitutions are very much alike in their

general characteristics. After a preamble, setting forth the purpose of

the instrument, they usually contain a bill of rights, intended to secure

personal liberty and other personal rights. They then distribute the

powers of government among three branches or departments, and provide for

the organization and general procedure of each. Then follow miscellaneous

provisions, relating to franchise, education, amendments, etc.

Their usual defects.--We have flourished so wonderfully under our system

of government that we naturally have a great reverence for our national

and state constitutions. So far has this feeling gone that a large number

of people seem to fancy that there is some magic in the very word

constitution. As a consequence state constitutions are usually too long;

they contain too many miscellaneous provisions. Most of these relate to

transient or petty matters which, if made affairs for public action at

all, should be left to legislation. Changes in the constitution weaken our

respect for it. Rarely should anything go into that great charter which

has not stood the test of time, unless it has the promise of endurance as

a necessary safeguard of the rights and liberties of the people.

BILLS OF RIGHTS.

These usually assert or guarantee the following:

Republican Principles.--That governments are instituted by the people and

for their benefit; that all persons are equal before the law; that no

title of nobility shall be granted.

Freedom of Conscience.--That there shall be perfect religious freedom,

not, however, covering immoral practices; that there shall be no

established or state church; that no religious test shall be required for

the performance of any public function.

Freedom of Speech.--That any one may freely think, and publish his

opinions, on any subject, being responsible for the abuse of this right.

Freedom of Assembly.--That the people may peaceably assemble to discuss

matters of public interest and to petition the government for redress of

grievances. This, of course, does not permit meetings designed to arrange

for the commission of crime.

Freedom of Person.--That there shall be no slavery; nor imprisonment for

debt, except in cases of fraud; nor unwarranted searches or seizures of

persons or property; that no general warrants shall be issued; that the

writ of _habeas corpus_ shall not be suspended, except in certain

emergencies; that persons may freely move from place to place.

Security of Property.--That private property shall not be taken for public

use without just compensation therefor, previously paid or secured; that

to prevent feudal tenure of land, long leases of agricultural land shall

not be made, in most states the longest permitted term being twenty-one

years.

Right to bear Arms.--That the right of the people to keep and bear arms

shall not be infringed.

Freedom from Military Tyranny.--That the military shall be in strict

subordination to the civil power; that there shall be no standing army in

time of peace; nor shall any soldier in time of peace be quartered in

private houses without the consent of the owner.

Forbidden Laws.--That no _ex post facto_ law, no law impairing the

obligation of contracts, nor any bill of attainder shall be passed; that

there shall be no special laws in certain specified cases.

Rights of Accused Persons.--(a) _Before trial_. That no unwarranted

searches or seizures shall be made; that, except in capital offenses, the

accused shall, while awaiting trial, be bailable; that, except in minor

cases, a person shall not be held to answer for a criminal offense unless

on the presentment or indictment of a grand jury. (b) _On trial_. That the

accused person shall have a speedy and public trial in the district where

the crime was committed; that trial by jury shall remain inviolable; that

the accused shall be informed of the nature of the charge against him;

that he shall be confronted with the witnesses against him; that he may be

heard in his own defense and shall have the benefit of counsel in his

behalf; that he shall not be required to witness against himself; that he

shall have compulsory process to compel the attendance of witnesses in his

behalf; that he shall not be deprived of life, liberty or property without

due process of law. (c) _After trial_. That no cruel or unusual punishment

shall be inflicted; that no one shall twice be placed in jeopardy for the

same offense.

Rights not enumerated.--There is usually a final statement that the

enumeration of the above rights shall not be construed to deny or impair

others inherent in the people.

COMMENTS ON THE ABOVE.

The rights above enumerated are among those which to us in America to-day

seem almost matters of course. It seems strange that any one ever

seriously questioned the fairness or the justice of the claims there set

forth. But in enumerating them we are treading on sacred ground. Their

establishment cost our ancestors hundreds of years of struggle against

arbitrary power, in which they gave freely of their blood and treasure.

Many of these rights are guaranteed in the constitution of the United

States, but only as against the general government. That they may not be

invaded by the state government, the people have reserved them in the

state constitutions.

_Pertinent Questions_.

In what sense are all men created equal? Is there anything in good blood?

What was meant by the "divine right" of kings to rule?

Could a Mormon practice polygamy in this state, it being part of his

religious creed? Why? Can an atheist give evidence in court?

What constitutes libel? Slander?

On what basis may a mob be dispersed? What cases of petition have you

known?

What is a general warrant? A passport? Why may _habeas corpus_ be

suspended in time of war.

Give instances of private property taken for public use. What is meant by

feudal tenure? How long a lease of agricultural lands may be given in this

state? How about business property in a city?

May a person lawfully carry a revolver in his pocket? Why?

What is meant by the military being subordinate to the civil power? Which

outranks, the secretary of war or the general of the army? Why should the

statement be made about quartering soldiers, in view of the preceding

statement?

What is meant by an _ex post facto_ law? Why forbidden? May a law be

passed legalizing an act which was performed as a matter of necessity but

without authority?

What is to hinder an enemy of yours from having you arrested and cast into

prison and kept there a long time? What is the purpose of bail? Why

regarded as an important element of liberty? Why should a grand jury have

to indict a person who has been examined and held for trial by a justice

of the peace? Does a prisoner charged with murder or other high crime

remain in handcuffs during his trial? Name the three or four most

important guarantees to an accused person. Why are so many provisions made

in his behalf?

If a ruler should wish to subvert the liberties of a people used to these

guarantees, where would he begin?

What are some of the advantages possessed by a written constitution over

an unwritten one? Of an unwritten over a written one? Is any part of our

constitution unwritten?

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