Section 10. 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.

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 of such Laws shall be subject

to the Revision and Control of the Congress.

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 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

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 as Elector.

The Electors shall meet in their respective States, and vote by Ballot for

two persons, of whom one at least shall not be an Inhabitant of the same

State with themselves. And they shall make a List of all the Persons voted

for, and of the Number of Votes for each; which List 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 the 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 shall be the President, if such Number

be a Majority of the whole Number of Electors appointed; and if there be

more than one who have such Majority, and have an equal Number of Votes,

then the House of Representatives shall immediately chuse by Ballot one of

them for President; and if no Person have a Majority, then from the five

highest on the List the said House shall in like Manner chuse the

President. But in chusing 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.

In every Case, After the Choice of the President, the Person having the

greatest number of Votes of the Electors shall be the Vice President. But

if there should remain two or more who have equal Votes, the Senate shall

chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day

on which they shall give their Votes; which Day shall be the same

throughout the United States.

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 the age of thirty-five years,

and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death,

Resignation or Inability to discharge the Powers and Duties of said

Office, the Same shall devolve on the Vice President, and the Congress may

by Law provide for the Case of Removal, Death, Resignations, 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.

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.

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 2. 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.

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.

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 3. 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 4. 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.

Section 1. 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 Behaviour, and shall, at

stated Times, receive for their Services, a Compensation which shall not

be diminished during their Continuance in Office.

Section 2. 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.

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.

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 3. 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.

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.

Section 1. 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 thereon.

Section 2. The Citizens of each State shall be entitled to all Privileges

and Immunities of Citizens in the several States.

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.

No Person held to Service or Labour 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 Labour, but shall be delivered

up on Claim of the Party to whom such Service or Labour may be due.

Section 8. 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.

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 4. 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.

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.

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.

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, any Thing in the

Constitution or Laws of any State to the Contrary notwithstanding.

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.

The Ratification of the Conventions of nine States shall be sufficient for

the Establishment of this Constitution between the States so ratifying the

Same.

DONE in Convention by the Unanimous Consent of the States present the

Seventeenth Day of September in the Year of our Lord one thousand seven

hundred and Eighty seven, and of the Independence of the United States of

America the Twelfth. In Witness whereof We have hereunto subscribed our

Names,

Go. Washington

Presidt. and Deputy from Virginia

ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION OF THE UNITED

STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES

OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL

CONSTITUTION

ARTICLE I.

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.

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.

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.

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.

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.

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.

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 shall not be required, nor excessive fines imposed, nor

cruel and unusual punishments inflicted.

ARTICLE IX.

The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.

ARTICLE X.

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.

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.—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. 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 1. 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.

Section 2. Congress shall have power to enforce this article by

appropriate legislation.

ARTICLE XIV.

Section 1. 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 to any person within its

jurisdiction the equal protection of the laws.

Section 2. 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.

Section 3. 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.

Section 4. 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 other State shall

assume to 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.

Section 5. The Congress shall have power to enforce, by appropriate

legislation, the provisions of this article.

ARTICLE XV

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

race, color, or previous condition of servitude.

Section 2. 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

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.

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 appointment until the

people fill the vacancies by election as the legislature may direct.

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 1. 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 beverages

purposes is hereby prohibited.

Section 2. The Congress and the several States shall have concurrent power

to enforce this article by appropriate legislation.

Section 3. 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 hereof to the States by the Congress.

ARTICLE XIX

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.

Congress shall have power to enforce this article by appropriate

legislation.

FOOTNOTES

1 Boys and girls often do not realize the value of an education as a

preparation for success in life. The following figures from an

educational authority show what education does for a boy or a girl.

(a) Less than three per cent of the people of the United States have

a college education, but this three per cent furnishes fifty-nine

per cent of the men and women called successful. Fourteen per cent

come from those having had some college training. This shows that

nearly three-fourths of all men and women in the United States

called successful have had some college training.

(b) During the past ten years Massachusetts has given all her

children a minimum of seven years of schooling, while Tennessee has

given her children but three years. The Massachusetts citizens

produce per capita $260 per year, while the Tennessee citizens

produce per capita $116 per year.

(c) Of the fifty-five members attending the Federal convention that

made the Constitution of the United States in 1787, thirty had

attended college, and twenty-six had college degrees. Of the forty

State officers in Iowa in 1918, thirty were college graduates, seven

were graduates of high schools, and only three had less than a high

school education.

(d) The child with no schooling has one chance in 150,000 of

performing distinguished services; with elementary education he has

four times the chance; with high school education he has

eighty-seven times the chance; with college education he has eight

hundred times the chance.

(e) Every boy and every girl should stick to his school work until

he at least graduates from a fully accredited high school.

2 “Law can do nothing without morals.”—Benjamin Franklin.

“Through the whole of life and the whole system of duties, much the

strongest moral obligations are such as were never the results of

our option.”—Edmund Burke.

“To do evil that good may come of it, is for the bungler in politics

as well as in morals.”—Benjamin Franklin.

“Duty is not collective; it is personal.”—Calvin Coolidge.

3 “Ignorance of the law excuses no man.”—Selected.

“Knowledge is in every country the surest basis of public

happiness.”—George Washington.

4 “The thorough education of all classes of people is the most

efficacious means of promoting the prosperity of the Nation. The

material interests of its citizens, as well as their moral and

intellectual culture, depend upon its accomplishment.”—Robert E.

Lee.

“In a Republic education is indispensable. A Republic without

education is like the creature of imagination, a human being without

a soul, living and moving blindly, with no just sense of the present

or the future.”—Charles Sumner.

“Without popular education, no government which rests upon popular

action can long endure. The people must be schooled in the

knowledge, and if possible in the virtues, upon which the

maintenance and success of free institutions depend.”—Woodrow

Wilson.

5 “Where the State has bestowed education, the man who accepts it must

be content to accept it merely as charity, unless he returns it to

the State in full in the shape of good citizenship.”—Theodore

Roosevelt.

6 “_Government_—_Liberty_—_Authority_—_Law_—the man or the woman who

fails to appreciate the true meaning of these terms, lacks the

training necessary to be a good citizen in a Republic.”—Abraham

Lincoln.

“We need more of the office desk and less of the show-window in

politics. Let men in office substitute the midnight oil for the

lime-light.”—Calvin Coolidge.

7 “Government is the aggregate of authorities which rule a society.”

“Government is that institution or aggregate of institutions by

which society makes and carries out those rules of action which are

necessary to enable men to live in a social state, or which are

imposed upon the people forming that society by those who possess

the power or authority of prescribing them.”—Bouvier’s _Law

Dictionary_, Vol. I, p. 891.

8 Government is the organized means and power that a State or Nation

employs for the purpose of securing the rights of the people, and of

perpetuating its own existence.

The real aim and purpose is well stated in the preamble to our

Constitution when it says: “to form a more perfect Union, establish

Justice, insure domestic Tranquility, provide for the common

Defence, promote the general Welfare, and secure the blessings of

Liberty to ourselves and our Posterity”.

Government can never rise higher than the ideals of the people who

compose the government. Good governments are the products of good

people. Good governments can only exist where the people are

intelligent and upright in character, and where each citizen is

willing to guard the rights and privileges of others as well as

those of himself.

“This government _of the people_, _by the people_, and _for the

people_, shall not perish from the earth.”—Abraham Lincoln.

9 The object of government is to protect the citizens of a country and

to promote their general welfare, and it is composed of the

officials who care for the public interests of the citizens.

Under republican government, the weakest citizen enjoys the same

rights and privileges as do the strongest citizens, the poorest have

the same protection given to the richest, the most humble man or

woman has a chance to become the head of his or her government and

to lead the Nation among the most powerful Nations in the world.

“Brains and character rule the world. There were scores of men a

hundred years ago who had more intellect than Washington. He

outlives and overrides them all by the influence of his

character.”—Wendell Phillips.

“The true greatness of nations is in those qualities which

constitute the greatness of the individual.”—Charles Sumner.

10 “There is always hope in a man that actually and honestly works. In

idleness alone is there perpetual despair.”—Thomas Carlyle.

“He that hath a trade hath an estate, and he that hath a calling

hath an office of profit and honor.”—Benjamin Franklin.

“If you have the great talents, industry will improve them; if

moderate abilities, industry will supply their deficiencies.”—Joshua

Reynolds.

“Other nations have received their laws from conquerors; some are

indebted for a constitution to the suffering of their ancestors

through revolving centuries. The people of this country, alone, have

formally and deliberately chosen a government for themselves, and

with open and uninfluenced consent bound themselves into a social

compact. Here no man proclaims his birth or wealth as a title to

honorable distinction, or to sanctify ignorance and vice with the

name of hereditary authority. He who has most zeal and ability to

promote public felicity, let him be the servant of the public.”—John

Adams.

“The basis of our political system is the right of the people to

make or alter their constitution of government.”—George Washington.

“Let us then, fellow citizens, unite with one heart and one mind and

labor for the welfare of the country.”—Thomas Jefferson.

“The Declaration of Independence and the Constitution of the United

States are parts of one consistent whole, founded upon one and the

same theory of government,—that the people are the only legitimate

source of power, and that all just powers of government are derived

from the consent of the governed.”—John Quincy Adams.

11 This description almost perfectly fits the making of the Mayflower

Compact in the cabin of the ship Mayflower on November 11, 1620.

Those Pilgrim Fathers drew up an agreement which was the first

attempt at a written constitution in the New World. The Fundamental

Orders of Connecticut, of 1638, are generally conceded to be the

oldest real constitution in America.

12 When Jefferson wrote “all men are created equal”, he did not mean

that all infant children have equal capacities for learning or

accomplishment, but that all children ought to be given equal

opportunities by the government of a republic. He meant that in a

republic all children, whether rich or poor, whether of the

aristocracy or of the common people, had great opportunities to be

good and great men and women. He meant that a poor boy born in the

Kentucky mountains and a rail splitter in the woods of Illinois had

the opportunity to become President of the United States.

“The Declaration of Independence was not a mere temporary expedient,

but is an enunciation of fundamental truths intended for all

time.”—William J. Bryan.

“Fourscore and seven years ago our fathers brought forth upon this

continent a new nation, _conceived in liberty_, and dedicated to the

proposition that all men are created equal.”—Abraham Lincoln.

“Where slavery is, there _liberty_ cannot be and where _liberty_ is,

slavery cannot be.”—Abraham Lincoln.

“Respect for its (the government’s) authority, compliance with its

laws, acquiesence in its measures, are duties enjoined by the

fundamental maxims of true Liberty.”—George Washington.

“Liberty—on its positive side, denotes the fulness of individual

existence; on its negative side it denotes the necessary restraint

on all, which is needed to promote the greatest possible amount of

liberty for each.”—Bouvier’s _Law Dictionary_, Vol. I. p. 217.

13 “Other nations have received their laws from conquerors; some are

indebted for a constitution to the sufferings of their ancestors

through revolving centuries. The people of this country, alone have

formally and deliberately chosen a government for themselves, and

with open and uninfluenced consent bound themselves into a social

compact. Here no man proclaims his birth or wealth as a title to

honorable distinction, or to sanctify ignorance and vice with the

name of hereditary authority.”—John Adams.

14 “Liberty means freedom in the enjoyment of all one’s faculties in

all lawful ways, the liberty to earn a livelihood by any lawful

calling, the liberty to live and work where one wills.”—_Allgeyer

vs. Louisiana, 165 U. S. 578._

15 “Civil liberty is the liberty belonging to men in organized society.

It is liberty defined, regulated and protected by positive law of

the State or recognized as existing under customary

law.”—_Cyclopedia of American Government_, Vol. II, p. 347.

The American people are a peculiar people. They are peculiar in

their origin, peculiar in their make-up, and due to their

sufferings, their persecutions, and their enduring perseverance,

they are still a peculiar people. From the first white man to steer

his little wooden ship westward across the great Atlantic ocean to

the latest arrival among the most recent immigrants, the people

coming to America have been different from those people remaining in

their European homes. The conditions surrounding the lives of those

people in Europe who left their homes and first settled in America

were not materially different from the conditions surrounding the

lives of thousands of other people who were satisfied and content to

remain on their European shores. Many men thought the earth was

round long before Christopher Columbus sailed away from that little

seaport town in Spain to test his own ideas of finding a shorter

route to India. Many people believed in religious liberty long

before the Pilgrims and Puritans landed on the bleak New England

shores and suffered the hardships of first settlers in a new country

in order to worship God as they pleased. Many people seriously and

intelligently doubted the divine right of kings, and believed in the

rights of the people to govern themselves long before the American

colonists adopted the Declaration of Independence. But it was left

for these people—these coming Americans—to demonstrate to all the

world that America was to be peopled by men and women of different

ideals, different hopes, and different ambitions from all the other

nations of the world.

16 A pure democracy would be that form of government in which all

people of the age of twenty-one years could actually take part in

making the laws and administering the government. A country would

need be very small indeed, if _all_ the people above twenty-one

years of age could assemble in any one place and organize and

conduct a meeting in which _all_ could take part in law-making. No

building would be large enough to accommodate all the people and

even if all the people assembled out of doors, the number would be

so large that those standing or sitting near the outer edge of the

assembly would be so far from the speaker that they could not hear

what he said when he spoke to them. A pure democracy is a physical

impossibility. The nearest form of government to a pure democracy is

a representative democracy, or one in which groups of people choose

one or more persons to represent them. Then these representatives

make laws and carry on the government in the name of all the people

whom they represent. Therefore a democracy is that form of

government in which all people have equal opportunities, and in

which all may take part in the government through their chosen

representatives.

“No matter how widely democracy may be extended, if it is not

accompanied by a certain equality of opportunity among the members

of the political society, it is not democracy.”—_Cyclopedia of

American Government_, Vol. I, p. 561.

“Democracy is that form of government in which the people rule. The

basis of democracy is equality, as that of the aristocracy is

privilege.”—Bouvier’s _Law Dictionary_, Vol. I, p. 540.

“The beginnings of democracy were best observed in the townships of

New England, where the Puritans from England settled and organized

towns which were centers of democracy.”—Peter Roberts.

In an absolute monarchy, the ruler is supreme; in a limited

monarchy, the parliament or congress sets a limit to the powers of

the ruler; in a democracy, the people rule.

“It is almost impossible that all the people will exactly agree on

any proposition, either political or social. Therefore the rule of

government in a democracy is, that all the people shall accept and

obey those laws and regulations that are pleasing to the majority.”

“The basis of our political system is the right of the _people_ to

make or alter their constitution of government.”—George Washington.

“No man is good enough to govern another man without that other

man’s consent.”—Abraham Lincoln.

“This country, with all its institutions, belongs to the people who

inhabit it.”—Abraham Lincoln.

“I believe that the American people accept, as one just definition

of democracy, Napoleon’s phrase, ’Every career is open to

talent’.”—Charles William Eliot.

Lincoln defined a democracy as “A government of the people, by the

people, and for the people”.

17 “A Republic may be defined as a state in which the sovereign power

rests in the people as a whole but is exercised by representatives

chosen by a popular vote.”—_Cyclopedia of American Government_, Vol.

III, p. 188.

“A Republic, in the modern sense of the term, is a government which

derives all its powers directly, or indirectly, from the great body

of the people, i. e. the majority—and is administered by persons

holding their offices for a limited period.”—_Cyclopedia of American

Government_, Vol. III, p. 188.

“Republican government is a government of the people; a government

by representatives chosen by the people.”—Bouvier’s _Law

Dictionary_.

The Constitution of the United States in Art. IV, Sec. 4 guarantees

to every State a republican form of government, but it does not

define what is republican government. It is generally assumed that

if for any reason the representative government of a State should be

destroyed or temporarily set aside, it would be the duty of the

Federal government, acting through the President as chief executive,

to use whatever force was necessary (including the army and navy) to

overcome such agency and to restore to the people of that State its

former representative government.

“It is left to Congress to decide what constitutes a republican form

of government, and Congress also has the right to say which

government in a state is the legal government. This necessarily

follows because before Congress can decide whether the government is

Republican it must decide which government is in force.”—_Luther vs.

Borden, 7 Howard 1._

“It is Congress and not the President who decides what is Republican

government in a state.”—_Martin vs. Mott, 12 Wheaton 19._

18 “It may well be contended that a republican form of government

necessarily involves the exercise of powers of government by

representative officers and bodies, and the distribution of powers

of government among distinct and independent departments.”—McClain’s

_Constitutional Law_, p. 10.

_ 19 Initiative_ means the right of the people to initiate or commence

the process of lawmaking. It is done by circulating a petition

asking that a certain provision be enacted into law. If the petition

receives the signatures of a certain percentage of qualified voters,

the legislature is required to enact the provision into law, or

submit it to the voters to determine whether it shall become law.

_Referendum_ means that the qualified voters through the process of

balloting may determine whether a measure proposed either through

the action of the legislature, or through the initiative, shall

become law.

_Recall_ is the method by which the qualified voters may remove an

undesirable officer from office before the expiration of his term.

It is done through a petition requiring a certain percentage of

signers from among the qualified voters. If the petition is

sufficient an election is called at which time the officer may

appear for continuation in office and others may appear as

candidates for that office. The one receiving the largest vote is

duly chosen.

20 Children who attend the public school are subject to the law as well

as are grown people who work in factories or on farms. The teacher

must have rules and regulations governing the conduct of pupils in

school. These are laws which the children must obey. If a pupil

insists on disturbing other pupils or talking out loud—such may be a

violation of the rules governing a good school and the pupil may be

punished for such violation.

21 Law has been defined as: “The aggregate of those laws and principles

of conduct which the governing power in a community recognizes as

the rules and principles which it will enforce or sanction, and

according to which it will regulate, limit, or protect the conduct

of its members.”—Bouvier’s _Law Dictionary_, Vol. II, p. 144.

“Law consists of the rules and methods by which society compels or

restrains the actions of its members.”

In the legal sense—A law is a rule which the courts will enforce.

The courts will not enforce all rules, and therefore there are many

rules which are not law in the legal sense.

“Law _might_ be defined as the aggregate of those rules and

principles promulgated by legislative authority or established by

local custom, and our laws are the resultant derived from a

combination of the divine or moral laws, the laws of nature and

human experience, as such resultant has been evolved by human

intellect, influenced by the virtue of the ages.”—_Words and

Phrases_, p. 33.

“Law has her seat in the bosom of God; her voice in the harmony of

the world.”—Hooker.

“Laws are the very bulwark of liberty. They define every man’s

rights, and stand between and defend individual liberties of

all.”—J. G. Holland.

“Laws exist in vain for those who do not have the courage and the

means to defend them.”—Thomas B. Macauley.

“Laws, written, if not on stone tablets, yet on the azure of

infinitude, in the inner heart of God’s creation, certain as life,

certain as death, are they, and thou shalt not disobey them.”—Thomas

Carlyle.

“A rule of civil conduct prescribed by the supreme power in a

state.”—Bouvier’s _Law Dictionary_.

22 Laws and rules are statements of what has been agreed upon as proper

conduct among persons who associate together. A person living on a

lonely island in the ocean with no other person near would not need

law. But as soon as two persons share the island and its fruits and

animals and plants, then certain rules need be set up for the

protection of each against the other. Where people are most closely

associated, we need the greatest number of rules or laws. People

living in large cities must more often need law than do those living

in rural districts.

23 A person may drive an automobile at twenty miles per hour on a

country road with perfect safety, but twenty miles per hour in a

crowded city would be positively dangerous to people crossing the

streets. Therefore the speed limit of five or perhaps ten miles per

hour in cities.

24 People have as much right to walk on the sidewalks of the town or

city as do other people to drive teams and wagons or automobiles on

the streets. Each must obey the traffic laws. At crossings their

rights of passage conflict, therefore each must be on the look-out

when crossing the street. The law provides street crossings,

therefore footmen must not “cut the crossings” but go the directed

way.

25 When election time comes each year, or every two years, those who

are qualified to vote ought by all means give careful consideration

to the candidates for office and to the issues that constitute the

campaign. It requires good men to make good laws. Good men are only

chosen to office when good people interest themselves in the

candidates and attend the elections and cast intelligent votes. Good

laws are properly enforced only when good men are chosen to office.

26 “A child, an apprentice, a pupil, a mariner, and a soldier owe

respectively obedience to the lawful commands of the parent, the

master, the teacher, the captain of the ship, and the military

officer having command: and in case of disobedience submission may

be enforced by correction.”—Bouvier’s _Law Dictionary_, Vol. II, p.

531.

“To obey is better than sacrifice.”

“Children, obey your parents in all things; for this is well

pleasing unto the Lord.”

“Servants, obey in all things your masters according to the flesh;

not with eye service, as men pleasers; but in singleness of heart,

fearing God.”

“Masters, give unto your servants that which is just and equal;

knowing that ye also must be obedient.”—Quotations from _The Bible_.

“The capacity of the people for self government, and their

willingness, ... to submit to all needful restraints, and exactions

of municipal law, have been favorably exemplified in the history of

the American States.”—Martin Van Buren.

“Let us have faith that right makes might and in that faith let us

to the end dare do our duty as we understand it.”—Abraham Lincoln.

“Surely I do not misinterpret the spirit of the occasion when I

assume that the whole body of the people convenant with me today to

support and defend the Constitution and ... to yield a willing

obedience to all the laws, and each to every other citizen his equal

civil and political liberty.”—Benj. Harrison.

“Patriotism calls for the faithful performance of all the duties of

citizenship in small matters as well as great, at home as well as on

tented fields.”—William J. Bryan.

27 We must see ourselves as we are, moving in our daily life, guarded

and safeguarded in every act by law. Every act in life is lawful or

unlawful; that is, we are protected by the law in our every act, or

we are condemned or punished. Here are two children on their way to

school, one walking upon the sidewalk, exercising a lawful right;

one riding his bicycle upon the sidewalk, performing an unlawful

act. The one is an example of a careful law-abiding citizen, the

other an example of a law-violator.

28 Constitution of the United States, Art. I, Sec. 8, Cl. 5.

29 Created by an Act of Congress of March 3rd, 1901. It is a bureau of

the Department of Commerce, and is charged with comparing the

standards used in scientific investigations, commerce, and

educational institutions with standards adopted and recognized by

the government.

30 The Thirty-fifth General Assembly of the State of Iowa provided for

a State Inspector of Weights and Measures whose duty is to travel

over the State and investigate conditions among those who buy and

sell, and to make arrests and prosecute those found defrauding

others by giving short weights or measures, or who sell or offer for

sale spoiled foods, or keep their shops or stores in an unsanitary

condition.

31 Constitution of the United States, Art. I, Sec. 8, Cl. 5.

_ 32 Revised Statutes of the United States_, Sec. 5413 and following.

33 Very few letters are ever lost in the mails. The writer one time

addressed a letter to a friend living in Sydney, Australia. It was

mailed at Iowa City, Iowa, and was sent east. That letter went by

way of New York, England, France, Italy, the Suez Canal, and the

Indian Ocean to Sydney, Australia. The person to whom it was sent

had, in the meantime, left Sydney and the letter failed of delivery.

About three months after being first mailed it was returned to the

writer whose return address was on the outside of the envelope. In

being returned it came by way of the Pacific Ocean to San Francisco

and across the United States from the west. The letter had encircled

the globe and was returned safely to the original sender. Pretty

good work for the International Mail System.

34 Constitution of the United States, Art. I, Sec. 8, Cl. 7.

35 There are four general theories as to the origin of the Constitution

of the United States: (1) That it was an entirely new document. This

theory was inspired by the statement of Gladstone. People who heard

Mr. Gladstone or read of his comment on the Constitution

misinterpreted his saying and came to believe he meant that that

great Constitution was the work of the moment as conceived by the

men in the convention at Philadelphia. No one knew better than Mr.

Gladstone himself that such was not true. (2) That it was copied

almost entirely after the English constitution of that time. This

was the theory of Sir Henry Maine, and it was just as erroneous as

was the common acceptance of Gladstone’s statement. There are many

things in the Constitution of the United States that were not in the

English constitution of that time. (3) That it was based entirely

upon the experience of the colonists themselves. This theory is also

incorrect as the facts show that many fundamentals of the

Constitution were copied directly from the governments of European

countries. (4) That it was due to all the above influences taken

together, but that they were worked out by the colonists and the

Constitution makers in their many years of experience in making

Constitutions for the States after their independence from England,

and during the time of the Confederation.

A careful study of the debates in the convention at Philadelphia

will reveal the fact that the different governments, institutions,

rulers, and statesmen of Europe were referred to in the making of

the Constitution.

During the discussions in the convention one hundred and thirty

allusions were made to the government and institutions of England.

The allusions made to France numbered nineteen. Those made to the

German States were seventeen. Those made to Holland were nineteen.

Greece was referred to thirteen times; Switzerland was alluded to

five times; and Rome was alluded to sixteen times.

The English government and institutions were held up as a model to

be imitated fifty times; as an example to be avoided, twenty-four

times. France was held up as a model three times, and as a warning

five times. Rome was cited five times as a model and seven times as

a warning.

From the standpoint of training, experience, and general

qualifications for constitution makers, the delegates who sat in the

Federal convention at Philadelphia were the most remarkable group of

statesmen the world has ever seen. Sixty-five delegates were chosen,

of whom fifty-five attended the convention and of these thirty-nine

signed the Constitution, three were present but refused to sign, and

thirteen were absent on the last day. Of the fifty-five who sat in

the convention, twenty-five were from northern States and thirty

from southern States. Of the thirty-nine signers, nineteen were from

the North and twenty from the South.

Of the fifty-five men thirty were college men, twenty-six had

degrees, forty-seven were afterwards prominent in public life; of

the remaining eight, at least four died soon after the close of the

convention. The most noted men were: Washington, Franklin, Hamilton,

Madison, Wilson, Patterson, Gerry, Sherman, Pinckney, and Randolph.

Six men who signed the Constitution had also signed the Declaration

of Independence—Benjamin Franklin, James Wilson, Robert Morris, and

George Clymer of Pennsylvania, Roger Sherman of Connecticut, and

George Read of Delaware.—Meyerholz’s _The Federal Convention_.

36 Montesquieu, a famous French writer of the eighteenth century, tells

us that political liberty consists in the security one feels in

doing whatever the law permits. However we must remember that the

laws themselves must likewise be sound.

37 We must notice that Article I of “The Short Constitution” commences,

“_Congress shall make no law_” etc., which means that these first

eight amendments to the Constitution of the United States apply only

to the Federal government, and are limitations on the powers of

Congress rather than on the powers of the States. However most

States have similar provisions in their Constitutions.

38 Article X is important because it tells in a few words the exact

relation of the States to the Federal government.

39 Article V of the main body of the Constitution provides that when

nine States should ratify the Constitution, it should be established

as the frame of government. The first State to ratify was Delaware,

December 7, 1787; the ninth State was New Hampshire, June 21, 1788;

and the last State was Rhode Island, May 29, 1790.

40 George Washington expressed the vast importance of this thought when

he said: “_The basis of our political system is the right of the

people to make or alter their constitution of government._”

“The Constitution is itself in every rational sense and to every

useful purpose a bill of rights.”—Alexander Hamilton.

“Much of the strength and efficiency of any government in procuring

and securing happiness to the people depends on opinion, on the

general opinion of the goodness of the government, as well as of the

wisdom and integrity of its governors. I hope, therefore, for our

own sakes, as a part of the people and for the sake of our

posterity, that we shall act heartily and unanimously in

recommending this Constitution wherever our influence may extend,

and turn our future thoughts and endeavors to the means of having it

well administered.”—Benjamin Franklin.

“In the fullness of time a Republic rose up in the wilderness of

America. Thousands of years had passed away before this child of the

ages could be born. From whatever there was of good in the systems

of former centuries, she drew her nourishment; the wrecks of the

past were her warnings. The wisdom which had passed from India

through Greece, with what Greece had added of her own, the

jurisprudence of Rome, the mediaeval municipalities, the Teutonic

method of representation, the political experience of England, the

benignant wisdom of the expositors of the law of nature and of

nations in France and Holland, all shed on her their selectest

influence. Out of all the discoveries of statesmen and sages, out of

all the experience of past human life, she compiled a perennial

political philosophy, the primordial principles of national

ethics—she sought the vital elements of social forms and blended

them harmoniously in the free commonwealth which comes nearest to

the illustration of the natural equality of all men. She entrusted

the guardianship of established rights to law; the movement of

reform to the spirit of the people and drew her force from the happy

reconciliation of both.”—George Bancroft.

“In spite of its supposed precision, and its subjection to judicial

construction, our constitution has always been indirectly made to

serve the turn of that sort of legislation which its friends call

progressive, and its enemies call revolutionary, quite as

effectively as though Congress had the omnipotence of parliament.

The theory of the latent powers to carry out those granted has been

found elastic enough to satisfy almost any party demands in time of

peace, to say nothing of its enormous extensions in time of

war.”—_The Nation_, November 7, 1872, No. 384, p. 300.

“Our fathers by an almost divine prescience, struck the golden

mean.”—Pomeroy’s _An Introduction to the Constitutional History of

the United States_, p. 102.

“It (the United States Constitution) ranks above every other written

Constitution for the intrinsic excellence of its scheme, its

adaptation to the circumstances of the people, the simplicity,

brevity and precision of its language, its judicious mixture of

definition in principle with elasticity in details. One is induced

to ask, to what causes, over and above the capacity of its authors

and the patient toil they bestowed upon it, these merits are due, or

in other words, what were the materials at the command of the

Philadelphia Convention for the achievement of so great an

enterprise as the creation of a nation by means of an instrument of

government. The American Constitution is no exception to the rule

that everything which has power to win the obedience and respect of

men must have its roots deep in the past, and that the more slowly

every institution has grown, so much the more enduring it is likely

to prove. There is little in this Constitution that is absolutely

new. There is much that is as old as Magna Charta.”—James Bryce,

author of _The American Commonwealth_.

“Let reverence for the law be breathed by every mother to the

lisping babe that prattles on her lap; let it be taught in schools,

seminaries, and colleges; let it be written in primers, spelling

books and almanacs; let it be preached from pulpits, and proclaimed

in legislative halls, and enforced in courts of justice; let it

become the political religion of the nation.”—Abraham Lincoln.

“The Constitution, which may at first be confounded with the Federal

Constitutions which have preceded it, rests in truth upon a wholly

novel theory—a great discovery in modern political science. In all

the Confederations which have preceded the American Constitution of

1787, the Allied States ... agreed to obey the injunctions of a

federal government; but they reserved to themselves the right of

ordaining and enforcing the laws of the Union....” (The American

government, he explains, claims directly the allegiance of every

citizen, and acts upon each directly through its own courts and

officers.) “This difference has produced the most momentous

consequences.”—Tocqueville’s _Democracy in America_.

“It will be the wonder and admiration of all future generations and

the model of all future constitutions.”—William Pitt, after reading

the Constitution of the United States.

“The Constitution of the United States is by far the most important

production of its kind in human history. It created, without

historic precedent, a federal-national government It combined

national strength with individual liberty in a degree so remarkable

as to attract the world’s admiration. Never before in the history of

man had a government struck so fine a balance between liberty and

union, between state rights national sovereignty. The world had

labored for ages to solve this greatest of all governmental

problems, but it had labored in vain. Greece in her mad clamor for

liberty had forgotten the need of the strength that union brings,

and she perished. Rome fostered union, nationality, for its

strength, until it became a tyrant and strangled the child liberty.

It was left for our own Revolutionary fathers to strike the balance

between these opposing forces to join them in a perpetual wedlock in

such a way as to secure the benefits of both. They selected the best

things that had been tried and proved. Hence their great success,

hence the fact that 132 years after its signing, this same

Constitution is still the supreme law of the land and more deeply

imbedded in the American heart than ever.”—Henry William Elson.

“The Constitution is not an arbitrary, unchangeable document, but

can be adapted to meet new conditions whenever the people decide. It

should be upheld because under its wise provisions the United States

has developed into a great nation of happy and prosperous people;

because it contains sacred guarantees of protection for the

individual; and because it affords freedom and opportunity for every

citizen, whether native-born or naturalized. American citizenship

securely rests upon its firm foundation.”—Henry Litchfield West.

“The Federal Constitution, the whole of it, is nothing but a code of

the people’s liberties, political and civil. The Constitution is not

a mass of rules, but the very substance of our freedom, not

obsolete; but in every part alive; more needful now than ever, and

as fitted to our needs.”—Stimson’s _The American Constitution_.

“No other country in the world possesses the guarantees of

individual liberty and inherent rights that are accorded by the

Constitution of the United States.”—David Jayne Hill’s _The People’s

Government_.

“We need not view with apprehension or even regret the gradual

adaptation of the Constitution to the ever-changing needs from

generation to generation of the most progressive nation in the

world. The Constitution is not a static institution. It is neither,

on the one hand, a sandy beach, which is quickly destroyed by the

erosion of the waves, nor, on the other hand, is it a Gibralter rock

which wholly resists the ceaseless washing of time and

circumstances. Its strength lies in its adaptability to slow and

progressive change. While the necessity of change may be recognised

in the non-essentials, yet the Constitution was based upon certain

fundamental principles which were not thus changeable. These times

should not wither nor custom stale. While the great compact

apparently dealt only with very concrete and practical details of

government in the very simplest language, and carefully avoided

anything that savored of visionary doctrinarism, yet, behind these

simply but wonderfully phrased delegations of power, was a broad and

accurate political philosophy, which constitutes the true doctrine

of American Government. Its principles are of eternal verity. They

are founded upon the inalienable rights of man. They are not the

thing of the day or temporary circumstance. If they are destroyed,

then the spirit of our government is gone, even if the form

survive.”—James M. Beck.

“The Constitution remains the surest and safest foundation for a

free government that the wit of man has yet devised.”—Nicholas

Murray Butler.

“I believe there is no finer form of government than the one under

which we live, and that I ought to be willing to live or die, as God

decrees, that it may not perish from the earth through treachery

within or through assault without.”—Thomas R. Marshall.

“Although not a citizen of your great country, I am heart and soul

with you and your associates in the glorious fight you are making

for the preservation of your peerless Constitution, which has made

your country what it is, and which is today the brightest hope of

mankind.”—Baron Rosen, formerly Russian Ambassador to the United

States of America.

“Under the American Constitution was realized the sublime conception

of a nation in which every citizen lives under two complete and

well-rounded systems of laws,—the state law and the federal law—each

with its legislature, its executive, and its judiciary moving one

within the other, noiselessly, and without friction. It was one of

the longest reaches of constructive statesmanship ever known in the

world. There never was anything quite like it before, and in Europe

it needs much explanation even for educated statesmen who have never

seen its workings. Yet to America it has become so much a matter of

course that they, too, sometimes need to be told how much it

signifies. _In 1787 it was the substitution of law for violence

between states that were partly sovereign. In some future still

grander convention we trust the same thing will be done between

states that have been wholly sovereign, whereby peace may gain and

violence be diminished over other lands than this which has set the

example._”—John Fiske, in 1888.

41 The English government forced laws upon the colonies to restrict

trade and manufactures, to place a standing army in America, and to

raise taxes. The tax laws were denounced as illegal by the

colonists, who argued that they were not represented in Parliament.

Read the charges made against the king and the government of England

in the Declaration of Independence.

42 Read the famous speech made by James Otis against the Stamp Act in

the Stamp Act Congress in New York, October, 1765. See _American

History Leaflets_.

43 The following were the fundamental defects of the Articles of

Confederation.

a. They did not provide for a central executive, and there was no

supreme executive to enforce the laws.

b. No provision was made for a central judiciary, and each State

interpreted the Federal laws as it saw fit.

c. They permitted concurrent legislation on vital subjects: i. e.

each State could legislate as it pleased on such subjects as tariff,

foreign treaties, currency, etc.

d. They permitted each State to regulate its own coinage and there

were at one time at least fourteen different kinds of coins in the

thirteen States. This greatly interfered with trade.

e. They gave Congress no power to enforce the observance of

treaties. Congress could pass laws but could not enforce them.

f. They gave Congress no power to coerce a State—it could only

recommend to the States.

g. They required a two-thirds vote on all questions in Congress, and

votes were cast by States. Most bills may pass the present Congress

by a majority vote.

h. Congress could not reach the individual to punish him for crime

committed against the Federal government, except through the State

in which the crime was committed. Often the States refused to act.

i. The Articles could not be amended without the consent of all of

the States. Several times one State defeated the amendment of the

Articles.

44 The small States having only small areas and therefore less room for

settlers, were afraid of any form of union government which gave the

States proportional representation in Congress. These small States

declared they would not ratify the Articles of Confederation until

those States having large areas of western lands would agree to cede

those lands to the Federal government. The seven States holding

western lands agreed to cede their lands in January, 1781, and on

March 1st, Maryland as the last State ratified the Articles of

Confederation.

45 The various States chose a total of sixty-five delegates to attend

the Federal convention at Philadelphia. Of these, fifty-five

actually sat in the convention. Of the entire number, forty-two were

present on the last day and thirty-nine signed the Constitution.

Of the fifty-five who sat in the convention, twenty-five were from

north of the Mason and Dixon Line, or from the northern States, and

thirty were from the southern States. Of the thirty-nine signers,

nineteen were from the North and twenty from the South. The three

who refused to sign were Elbridge Gerry of Massachusetts and Edmund

Randolph and George Mason of Virginia. These three men thought the

Constitution gave too much power to the central government and did

not leave enough to the States.

Eight of the men who signed the Constitution were of foreign birth.

They were Alexander Hamilton, William Patterson, James Wilson,

Robert Morris, James McHenry, Thomas Fitzsimons, William R. Davie,

and Pierce Butler. You will notice that Hamilton, Wilson, Patterson,

and Morris were among the most influential men in the convention.

Many of America’s greatest men have been of foreign birth.

The oldest man in the convention was Benjamin Franklin who was

eighty-one years of age. The youngest man was Jonathan Dayton of New

Jersey who was only twenty-seven. Charles Pinckney was twenty-nine

years old, and Alexander Hamilton was thirty. The average age of the

entire membership in the convention was 43-2/5 years.

The membership in the convention included a remarkable group of

men—in fact the most remarkable group of statesmen that ever

assembled for the making of a constitution. They had gained their

experience in five different ways: colonial legislatures, State

legislatures, State conventions, Continental Congresses, and in the

Congress of the Confederation. Six of them had the honor of having

signed the Declaration of Independence—Benjamin Franklin, James

Wilson, Robert Morris, Roger Sherman, George Read, and George

Clymer. Thirty delegates were college men and twenty-six had

degrees.

46 A careful study of the debates in the Federal convention will reveal

the following allusions to the government and institutions of other

countries. A total of two hundred and twenty-three allusions were

made to the governments of Europe, the most important of which were

the following: one hundred and thirty allusions were made to

England, of which fifty were commendatory, and twenty-four were

warnings; nineteen allusions were made to France, of which five were

commendatory and three were warnings; Germany, or rather the German

States, had seventeen allusions; Holland had twenty allusions;

Greece had twenty-five; Rome had twenty-six. The two hundred and

twenty-three allusions were made in such way as to indicate that the

delegates were widely read in both government and history.

47 The Constitution in Article VII says, “The Ratification of the

Conventions of nine States shall be sufficient for the Establishment

of this Constitution between the States so ratifying the Same.”

The first State to ratify was Delaware on December 7, 1787. New

Hampshire, the ninth State, ratified on June 21, 1788, and Rhode

Island, the last, on May 29, 1790.

48 Every right begets a duty. The more rights our government gives us,

the more duties are imposed upon each one of us. In an absolute

monarchy the people have very few rights and they also have very few

duties to perform. In democracies like the United States the people

have a right to participate in government, they also have the duty

of becoming intelligent and becoming acquainted with the various

details of the administration of government. When people have a

right to participate in government, they have the duty of attending

every election and casting an intelligent ballot. Where people have

a right to make law, they must accept the duty of helping enforce

law. Where people have freedom of religious belief and worship, they

must refrain from interfering in the belief of other people. Where

they have freedom of speech and press, they must protect other

people in that same right. Where people have the right of trial in a

legally constituted court of law, they must refrain from mob rule or

from lynch law. The greater the privileges given a people by law,

the greater are their duties to see that law is always respected and

carefully enforced.

49 The government of the United States is a dual government. There is a

State government within each State, which is supreme over the

affairs of that State alone. Then there is a Federal government

which is supreme and sovereign throughout the entire United States

in all those affairs which the Federal Constitution gives to the

control of the Federal government. The _police power_ of a State is

commonly defined as the power of a State to control all of its

domestic internal affairs. The Federal government is not permitted

to interfere with the police powers of the States.

The Short Constitution · 第 10 / 11 章