European judges. (Beard, page 552.)
9. By what three methods may judges be removed? (Munro, pages 496-497)
10. In what state has the codification of the civil code been most
successful? (Reed, page 168.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. Provisions in your state constitution with respect to the state
judiciary.
2. The choice of judges in your state.
3. Characteristics of a good judge.
4. The actual conduct of a civil or criminal trial in a near-by court.
5. Delay in legal procedure in your state. (Consult a friendly
attorney.)
6. Methods of removing judges in your state.
II
7. The evolution of state justice. (Gettell, _Readings in Political
Science_, page 384.)
8. Function of the state court. (Gettell, _Readings in Political
Science_, page 387.)
9. Methods of choosing judges in the various states. (Gettell,
_Readings in Political Science_, page 388.)
10. Procedure in the state courts. (Kimball, _State and Municipal
Government in the United States_, chapter xv.)
11. The system of appeals in state courts. (Reinsch, _Readings on
American State Government_, pages 150-158.)
12. Politics and the state courts. (Reinsch, _Readings on American
State Government_, pages 158-168.)
13. Defects in the enforcement of law. (Reinsch, _Readings on American
State Government_, pages 173-180.)
14. Relation of judicial inefficiency to crime. (Reinsch, _Readings on
American State Government_, pages 181-198.)
15. Legal claims against the state. (Reinch, _Readings on American
State Government_, pages 168-172.)
16. Necessity of judicial independence. (Gettell, _Readings in
Political Science_, page 391.)
17. The significance of lawyers in the United States. (Gettell,
_Readings in Political Science_, page 390.)
18. A summary of the defects of the State judiciary. (Bryce, _The
American Commonwealth_, vol. i, chapter xlii.)
FOR CLASSROOM DISCUSSION
19. Should a jury sitting in a criminal trial be required to render an
unanimous verdict or simply a majority decision?
20. Should state judges be chosen directly by the people, or selected
by the state legislature, or appointed by the Governor?
21. Should judges be subject to the Recall?
22. Should the entire civil law of your state be codified?
23. Advantages and disadvantages of separate administrative courts.
(See Gettell, _Readings in Political Science_, pages 392-393.)
CHAPTER XLIX
MUNICIPAL GOVERNMENT
A. DEVELOPMENT OF THE AMERICAN MUNICIPALITY [Footnote: For an extended
account of American municipal development, see Fairlie's _Municipal
Administration_. An excellent summary of Fairlie is found in
Guitteau's _Government and Politics in the United States_, Houghton
Mifflin Co., Boston, 1920.]
620. RAPID GROWTH OF AMERICAN CITIES.--A striking feature of American
life is the rapidity with which our cities have grown. At the time of
Washington's first inauguration, the United States were so
predominantly rural that only about one thirtieth of our population
was found in the cities. With the progress of the Industrial
Revolution came an unprecedented development of transportation and the
factory system. More and more people made their homes in the cities,
until in 1890 approximately a third of the people of the United States
were living in cities. According to the census of 1920 more than half
of our population is concentrated in towns and cities.
621. THE AMERICAN CITY BEFORE THE REVOLUTION.--New York, now the
largest American city, is also the oldest, having received its charter
in 1686. Between that date and the outbreak of the Revolution,
nineteen other municipalities received charters. The colonial cities
modelled their organization after the English borough. Practically all
authority was vested in a council, consisting of a mayor, recorder,
aldermen, and councilmen, acting as a single body. The mayor was
either appointed by the Governor, or elected by the council. The chief
duty of the mayor was to preside over the council and execute its
ordinances.
622. THE AMERICAN CITY, 1775-1825.--Several important changes in the
character of the American city took place in the half century which
followed the Declaration of Independence.
The power to grant charters to cities was transferred from the
Governor to the state legislature. This was the natural outcome of an
increasing suspicion of the executive authority, and a corresponding
increase of faith in the state legislature. Before the end of this
period the city came definitely under the control of the state
legislature. In the absence of constitutional restrictions, the
legislature has continued to exercise an almost dictatorial control
over the cities within its borders.
Also typical of this period was the subordination of city affairs to
state and national politics.
623. THE AMERICAN CITY, 1825-1850.--During this period a number of new
cities sprang into prominence. Immigration was increasing, and the
industrialization of the country was crowding the population into
larger and larger units.
New York, Boston, St. Louis, and other cities adopted the two-
chambered-council plan.
The passion for democratic control swept away the property
qualifications prescribed by some of the early city charters, and
practically attained universal manhood suffrage. The demand for
popular control likewise led to the present practice of choosing the
mayor by popular vote, the older methods of State appointment or
council election being discarded.
624. THE AMERICAN CITY, 1850-1875.--Many pressing municipal problems
appeared in this period. The functions of the American city became
more numerous and more complex. Police and fire systems were
installed; waterworks, sewer systems, and city parks were provided;
education and charitable relief were developed.
Under the stress of administering these additional functions, cities
applied more and more frequently to the state legislature for special
legislation granting them additional powers. State legislatures tended
to pass such special acts freely, with the result that corrupt and
pernicious legislation became common in many states. Special interests
engaged in lobbying, bribery, and log-rolling to secure special favors
from legislatures. Public service corporations often secured valuable
franchises on terms that did not adequately protect the public
interest.
625. MUNICIPAL REFORM.--The period since 1875 and especially since
1900 has been marked by a strong tendency to reform municipal
government.
The abuse of power by the city council in many instances forfeited the
respect with which the public had formerly regarded that body. The
power to appoint various city officials was transferred from the
council to the voters, and many of the functions formerly exercised by
the council were entrusted to newly created municipal boards.
In about half the states constitutional provisions now forbid the
legislature to pass special acts concerning municipalities. In other
states the constitution enumerates a large number of subjects with
regard to which the legislature cannot enact special legislation. In
some states the cities of the state are classified into two or more
groups, according to population; the legislature is compelled to
designate the group or groups to which statutes are to apply. In about
a dozen states certain types of cities are allowed to frame and amend
their own charters, provided that such acts are not inconsistent with
the constitution and statutes of the state.
Municipal civil service reform is of increasing importance, more than
200 American cities having sanctioned it in some form. As applied to
municipal affairs the merit system includes a municipal commission,
appointed by the mayor; a system of competitive examinations designed
to test character and capacity; a plan for requiring the appointing
officer in each department of city government to select his
subordinates from an eligible list; a method of removing officials;
and sometimes a system of pensioning employees who have grown old in
the service.
The movement for popular control has been closely associated with
municipal development. The tendency to shorten the ballot, the holding
of municipal elections at a different time than state and national
elections, and the concentration of administrative officers under a
responsible appointing head, are steps in this direction. In many
states the Direct Primary has been intimately associated with
municipal development. The Initiative, Referendum, and Recall have
been adopted in a large number of cities, especially where the mayor-
council plan has been abandoned for the commission form of government.
B. MUNICIPAL ORGANIZATION
626. THE THREE TYPES OF CITY GOVERNMENT.--The three types of city
government in the United States are the mayor-council plan, the
commission plan, and the city manager plan. [Footnote: For a
description of the commission and city manager plans of city
government, see Chapter XXXVI.] The commission plan is a new form of
city government which has been designed to overcome the defects of the
old mayor-council plan, while the city manager plan is a modification
of the commission plan. Of recent years both the commission plan and
the city manager plan have spread rapidly, but it is still true that
few American cities of any appreciable size have adopted either of
these two plans. The old mayor-council plan prevails in most American
cities, and for this reason the remainder of this chapter will be
devoted to a description of this form of government.
627. THE CITY COUNCIL: ORGANIZATION.--Usually the city council is a
single-chambered body, though some of the larger cities have from time
to time experimented with a double-chambered council. In some cities
councilmen are chosen on a general ticket, but in most cases the
council consists of one member from each ward or district into which
the city is divided. Councilmen must be voters in the city in which
they serve, and by custom they are generally required to be residents
of the ward from which they are chosen. The terms of councilmen vary
from one to four years, two years being the average term. In the
smaller cities councilmen are usually unpaid, but in the larger
municipalities they receive a stated salary.
628. THE CITY COUNCIL: POWERS.--The typical American city is
subservient to the state legislature, the powers of city government
being enumerated in a charter received from the legislature. These
enumerated powers have been rather narrowly interpreted by the courts.
The council enjoys a measure of police power, which it may invoke to
protect the health and to further the well-being of the city's
inhabitants. The exercise of this police power, however, must not
conflict with state law.
The council has the power to levy taxes to defray expenses incurred in
performing municipal functions. State constitutions and legislatures
limit this power rather narrowly, however. Subject to a similar
limitation is the council's power to raise money through the issue of
bonds.
City councils may act as the agents of the state government in matters
affecting education and charitable relief.
629. THE CITY COUNCIL: PROCEDURE.--The city council meets
periodically, generally weekly or bi-weekly. It determines its own
rules of procedure and keeps a journal. The committee system is used
for the dispatch of business. Ordinances may be proposed by any member
of the council. After being introduced, ordinances are read by title
and are referred to the proper committee. A second and third reading
at subsequent meetings are required. If the ordinance is approved by a
majority of the council, it is signed by the presiding officer, and
sent to the mayor. In many cities the mayor may veto any ordinance
passed by the council. In case of a veto the measure becomes law only
if passed by a two thirds--in some cities three fourths or four
fifths--vote of the council. In those cities where the mayor has no
veto power, the ordinance goes into effect immediately upon being
passed by the council.
630. THE MAYOR.--In all cities where the mayor-council plan of
government prevails, the chief executive officer is the mayor or chief
magistrate. This officer is usually elected by popular vote, for a
term varying from one to four years. Usually the term is two years,
though in New England a one-year term is more common. The mayor is
paid a salary which ranges from a few hundred dollars in the smaller
cities to several thousands of dollars in a number of the larger
municipalities.
631. THE MAYOR AND THE COUNCIL.--It is the duty of the mayor to
communicate at least once a year to the city council a general
statement of the administration and financial condition of the
city. The mayor may also recommend to the city council, in his annual
message or otherwise, the passage of ordinances which he considers
needful. In smaller cities, and in a few of the larger municipalities,
the mayor presides over the council and has a casting vote in case of
a tie, but in most of the larger cities he is not a member of the
council. In most cities he has the veto power. In many of the more
recent city charters, the mayor is given the power to veto separate
items in an appropriation bill, while approving the remainder of the
measure, just as some Governors may veto separate items in
appropriations bills enacted by the state legislature.
632. ADMINISTRATIVE DUTIES OF THE MAYOR.--The mayor stands at the head
of the city administration, but the extent of his control varies from
city to city. In the last half century the decline in popular favor of
the city council has been accompanied by a growing tendency to enlarge
the administrative powers of the mayor. In many of the smaller cities
the mayor is still little more than a presiding officer of the
council. In such cities subordinate executive officials are usually
chosen by popular vote or are appointed by the council. In other
cities the mayor may appoint the chief administrative officials,
subject to the consent of the council. In still other cities,
including many of the larger municipalities, the mayor may both
appoint and remove the heads of the executive departments, without
interference on the part of the council.
633. OTHER ADMINISTRATIVE OFFICIALS.--Such highly complex and
important matters as health, education, parks, charities, police, fire
protection, and public works are the concern of the numerous
administrative officials of the city. Administrative work is carried
on by two methods, first, the board system, in which such concerns as
schools, public health, and police are managed by boards composed of
members of the city council; and second, single commissioners, who are
more or less under the control of the mayor. The board system has
proved less efficient than the single commissioner plan, and
accordingly there is a tendency to abandon the former for the latter
plan.
QUESTIONS ON THE TEXT
1. Describe the rapid growth of the American city.
2. What were the characteristics of the city in colonial times?
3. What were the distinguishing features of the American city between
1775 and 1825?
4. What distinguishes municipal development between 1825 and 1850?
5. What problems became prominent in municipal development between
1850 and 1875?
6. Outline the movement for municipal reform.
7. What are the three types of municipal government?
8. Describe the organization of the city council.
9. What are the chief powers of the city council?
10. Outline the making of an ordinance.
11. Discuss the term and salary of the mayor.
12. What is the relation of the mayor to the council?
13. What are the chief administrative duties of the mayor?
14. Name some other administrative officers.
REQUIRED READINGS
1. Beard, _American Government and Politics_, chapter xxvii.
2. Guitteau, _Government and Politics in the United Stairs_, chapter
iv.
3. Munro, _The Government of the United States_, chapter xlii.
4. Reed, _Form and Functions of American Government_, chapter xvi
QUESTIONS ON THE REQUIRED READINGS
1. Define a city. (Guitteau, page 38.)
2. What is the English prototype of the American city? (Guitteau, page
39.)
3. Under what three heads may the powers of the mayor be grouped?
(Beard, page 591.)
4. To what extent has the city council been shorn of its power?
(Beard, pages 588-590.)
5. What is the meaning of the phrase "municipal home rule"?
(Guitteau, page 45.)
6. What is meant by municipal democracy? (Beard, pages 597-598.)
7. What is the Des Moines plan of city government? (Guitteau, page
46.)
8. Describe briefly the organization of the government of New York.
(Reed, pages 197-198.)
9. Summarize the functions of the American municipality. (Munro, pages
602-615.)
10. What is the extent of municipal ownership in the United States?
(Munro, page 616.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. History of your municipality.
2. Present organization of your municipal government
3. The chief functions of your municipality.
4. Relation of your municipality to the state legislature.
5. Legislative power in your municipality.
6. The franchise-granting power in your municipality.
II
7. The English borough. (Fairlie, _Municipal Administration_, chapter
iv.)
8. Historical development of the American city. (Munro, _The
Government of the United States_, chapter xl; Kimball, _State and
Municipal Government in the United States_, chapter xx.)
9. Political consequences of city growth. (Gettell, _Readings in
Political Science_, page 433.)
10. Relation of city life to democracy. (Gettell, _Readings in
Political Science_, page 436.)
11. Evolution of municipal organization. (Munro, _The Government of
American Cities_, chapter i.)
12. Relation of the municipality to the state. (Munro, _The Government
of American Cities_, chapter ii.)
13. The voters of the city. (Munro, _The Government of American
Cities_, chapter iii.)
14. The mayor. (Munro, _The Government of American Cities_, chapter
ix; Fairlie, _Municipal Administration_, chapter xix.)
15. The city council. (Munro, _The Government of American Cities_,
chapter viii; Fairlie, _Municipal Administration_, chapter xvii.)
16. Municipal administrative offices. (Munro, _The Government of
American Cities_, chapter x; Fairlie, _Municipal Administration_,
chapter xviii.)
17. The needs of city government. (Gettell, _Readings in Political
Science_, pages 441-442.)
18. The municipal government in action. (Bryce, _The American
Commonwealth_, vol. i, chapter li.)
19. Municipal functions. (Munro, _The Government of the United
States_, chapter xlii; James, _Local Government in the United States_,
chapter vii.)
20. Municipal finances. (Beard, _American City Government_, chapter
v.)
21. The franchise problem. (Beard, _American City Government_, chapter
vii.)
22. Municipal ownership as a political problem. (Beard, _American City
Government_, chapter viii.)
23. The commission plan of municipal government. (Munro, _The
Government of the United States_, chapter xliii; see also any other
standard text on American government.)
24. The city manager plan of municipal government. (Munro, _The
Government of the United States_, chapter xliii; see also any other
standard text on American government.)
FOR CLASSROOM DISCUSSION
25. Municipal ownership of public utilities in your community.
26. Are the municipalities of your state too narrowly restricted by
the state constitution and the state legislature?
27. The solution of the franchise problem.
28. Respective merits of the mayor-council plan, the commission plan,
and the city manager plan, with particular reference to your
municipality.
CHAPTER L
RURAL LOCAL GOVERNMENT
634. TYPES OF RURAL LOCAL GOVERNMENT.--Rural local governments in the
United States vary widely as between different sections of the
country, but in general they are divisible into three types. These
are:
(a) the town type, so common in New England;
(b) the county type, found chiefly in the South, the Southwest, and
the Far West; and
(c) the mixed type of the Middle, Central, and Northwestern states.
These three general types will be discussed in the order named.
A. THE TOWN TYPE
635. NATURE OF THE TOWN.--The basis of rural local government in New
England is the town. [Footnote: The county exists in New England as an
aggregation of towns. The county has acquired other functions, but it
is still primarily a judicial district.] In general the New England
town is an irregularly shaped area, varying in size from twenty to
forty-five square miles. The area comprising the typical town is
primarily rural, and generally contains one or more villages. Although
the town is primarily a rural unit, the villages within its bounds may
be so populous as to be classed as cities. Yet these populous
communities may, as in the case of Brookline, Massachusetts, retain
the town government. Other New England cities, such as New Haven and
Hartford, Connecticut, have continued the town organization separate
from the city government.
636. ORIGIN OF THE TOWN.--Some authorities believe that the town type
of rural local government can be traced back through English history
to the early Teutonic tribes. Whether or not this is true, it is
certain that the principle is an ancient one, and that when New
England was first settled, the colonists grouped together in small
compact communities, or towns, instead of scattering over larger
areas.
637. WHY TOWN GOVERNMENT DEVELOPED IN NEW ENGLAND.--Several factors
are responsible for the tendency of the settlers of early New England
to draw together in towns. From the economic point of view, the barren
nature of the soil rendered extensive farms impracticable, while, on
the other hand, the opportunities for fishing and commerce encouraged
small, compact settlements along the coast. The hostility of many of
the New England Indians also discouraged sparse settlements and
obliged the people to settle in close formation. Lastly, many of the
New England colonists came to the New World as groups or communities
which in their European homes had pivoted about a common church; in
New England these people naturally preferred to live very near one
another.
638. TOWN GOVERNMENT.--The government of the New England town is
vested in a town meeting, which consists of an annual session of the
voters of the town. At this meeting the voters enact laws governing
such local matters as town finance, schools, police, and highways. A
second important function of the town meeting is to choose the town
officers, including the selectmen, [Footnote: In Rhode Island the
selectmen are known as the council.] the town clerk, treasurer,
constable, and others. The chief executive officers are the selectmen,
varying in number from three to nine, and generally chosen for the
term of one year. The selectmen have general charge of town affairs,
and act under authority conferred by statute or by the town meeting.
The town clerk keeps the records, the treasurer has charge of the
funds of the town and sometimes audits accounts, while the constable
keeps the peace of the town, serves writs, and collects local taxes.
In addition there are a number of minor officials, such as tax
assessors, pound-keepers, guardians of the poor, highway officials,
and library trustees.
B. THE COUNTY TYPE
639. WHY COUNTY GOVERNMENT DEVELOPED IN THE SOUTH.--The system of
county government became as firmly intrenched in the Southern colonies
as did the concept of the town in early New England. Four factors
operated to discourage town government, and to encourage county
government, in the South. First, the Southern colonists did not come
in small family groups, as did the New Englanders, but rather as
individuals and from different classes of society. Second, the Indians
of the South were either weak or peaceful, so that fear of Indian
attack did not oblige the colonists to congregate in small, compact
communities. Third, the climate and soil of the South encouraged a
plantation system which resulted in a sparse rather than in a compact
population. Fourth, the aristocratic type of society developing from
the plantation and slave system prevented the rise of the democratic
town meeting.
640. GOVERNMENT OF THE SOUTHERN COUNTY.--Though county government is
also found in the Southwest and Far West, it is seen in its purest
form in the South. Here the county was originally a judicial district,
or sometimes also a financial district to facilitate the collection of
taxes. The functions of the county have gradually increased until such
local affairs as schools, jails, poorhouses, and the maintenance of
roads and bridges are concerns of the Southern county. The chief
administrative authority in the county is either the county court, or
a small board of commissioners. In either case the administrative
authority is chosen by popular vote. In addition there are a number of
minor officers such as the treasurer, tax assessor, and recorder, all
of them chosen by popular vote for terms varying from one to four
years.
641. GOVERNMENT OF THE FAR WESTERN COUNTY.--In the Far West, likewise,
the most important unit of rural local government is the county. The
county is governed by a board, usually consisting of three
commissioners. In general the officers of the Far Western county
resemble those in the central states. (See Section 644.)
C. THE MIXED TYPE [Footnote: Sometimes called the township-county
system.]
642. ORIGIN OF THE MIXED TYPE.--The mixed type of rural local
government is a hybrid, the result of the incomplete fusion of the
town type with the county type. The northern parts of the Central
states were settled largely by immigrants from New England, while the
southern portions of the Middle West were settled by pioneers from
Pennsylvania and the states south of the Ohio River. The New England
immigrants were used to town government, and endeavored to perpetuate
it in their new home; the settlers from the South preferred the county
form of government, and sought its adoption in their new homes. The
result was a compromise, some functions of rural local government
being assigned to the county and some to the township.
643. THE TWO SUB-TYPES.--In the fusion of the town and county types of
government the county system tended to predominate over the town or
township form of government when settlers from the South were in the
majority. In the northern section of the country, on the other hand,
the compromise form tended to include a majority of the features of
the town type. The result was the formulation of two sub-types.
The first of these may be called the Pennsylvania sub-type, so named
because it originated in Pennsylvania, and then spread, with
modifications, to Ohio, Indiana, Kansas, Missouri, and other states.
In these states the town or township authority is subordinated to the
county government. There is no town meeting.
The New York sub-type exists in typical form in New York, but is also
found in New Jersey, Michigan, Illinois, Wisconsin, Minnesota, the
Dakotas, and other states. The town meeting is found in these states,
and in five of them the townships are represented on the county board.
644. THE NEW YORK SUB-TYPE.--In states possessing the New York sub-
type of rural local government, the town meeting is still important.
This meeting is similar to the New England town meeting, though it
exercises less authority. All the legal voters of the township are
qualified to take part in this meeting, which is held annually and on
special occasions. At this meeting are chosen township officers for
the following year. The most important of these are the supervisor,
clerk, treasurer, assessor, and a varying number of constables and
justices of the peace. In addition to electing these and other
officers, the town meeting enacts legislation with regard to such
local matters as bridges, roads, and schools.
In some of the Central states general executive authority over
township affairs is vested in a township board, while in other states
administrative authority is divided between a township board of from
three to eleven members, and a supervisor or trustee. Besides these
officials, there are a number of minor officers, including a clerk, a
treasurer, an assessor, overseers of the poor, constables, and
justices of the peace.
The county board continues to exist under the New York plan, but it is
far less important than under the Pennsylvania sub-type. The functions
of the county board are similar in these two sub-types.
645. THE PENNSYLVANIA SUB-TYPE.--In those states in which the
Pennsylvania sub-type of rural local government prevails, general
control of government is vested in a county board. This board is
composed of three commissioners, who are elected by the voters of the
county. In all of the Central states the county board possesses
numerous powers, but the powers of the board are greater under the
Pennsylvania than under the New York sub-type. Under the former plan
the county board exercised four groups of powers: First, the levying
of taxes and the appropriation of local funds; second, the maintenance
of roads; third, poor-relief; and fourth, the supervision of local
elections.
Besides the members of the county board there are a number of other
county officials. The chief executive officer of the county court is
the sheriff. The prosecuting attorney is an elective official, whose
duty it is to conduct criminal prosecutions, and to act as the legal
agent of the county. The treasurer has charge of county funds, and
sometimes supervises the collection of taxes. He is elected by the
people, generally for a two-year term. The clerk or auditor is an
important county officer, as is the surveyor, the county
superintendent of schools, and the recorder or register of deeds.
646. HOME RULE FOR COUNTIES.--Generally, county authorities are
narrowly limited by the state constitution and state statutes. This
has always resulted in numerous appeals to the legislature for special
legislation, and has lately given rise to a demand for home rule for
counties. In the effort to reduce the pressure for special laws in the
legislature, the Michigan constitution of 1908 provided for a measure
of home rule for counties. The legislature is authorized to confer
legislative powers on the county boards, which may pass laws and
ordinances relative to purely local affairs, provided such enactments
do not conflict with state law, and provided, further, that such
enactments do not interfere with the local affairs of any township,
incorporated city, or village within the limits of the county. Such
laws may be vetoed by the Governor, but may be passed over his veto by
a two-thirds vote of the county board. Another step toward home rule
was taken when in 1911 California by constitutional amendment
empowered counties to frame their own charters, and, on securing
popular approval, to put the same into effect. However, the charter
thus framed and approved must first be sanctioned by the state
legislature.
QUESTIONS ON THE TEXT
1. What are the three types of rural local government?
2. Discuss the nature of the town.
3. What is the origin of the town?
4. How is the town governed?
5. Why did county government develop in the rural South?
6. Outline the government of the southern county.
7. How did the mixed type of rural local government originate?
8. What two sub-types are included under the mixed type of rural local
government?
9. Compare briefly these two sub-types.
10. Discuss the nature of the movement to permit home rule to
counties.
REQUIRED READINGS
1. Beard, _American Government and Politics_, chapter xxix.
2. Guitteau, _Government and Politics in the United States_, chapter
ii.
3. Munro, _The Government of the United States_, chapter xxxvii.
4. Reed, _Form and Functions of American Government_, chapter xviii.
QUESTIONS ON THE REQUIRED READINGS
1. Summarize the relation of local institutions to state government.
(Guitteau, page 15.)
2. What factors are responsible for the decline of the town meeting in
the Middle West? (Beard, page 651.)
3. Describe the early English county. (Guitteau, page 18.)
4. What are the chief divisions of the county in the southern and
western parts of the United States? (Reed, pages 222-223.)
5. What are the sources of county government? (Reed, page 210.)
6. What is a "town chairman"? (Reed, page 222.)
7. What are the two types of county boards? (Beard, pages 640-641.)
8. What is a parish? (Guitteau, page 21.)
9. Why is there a growing demand that local institutions be placed
under the supervision of the state government? (Beard, pages 654-655.)
10. What are the merits and defects of autonomy for rural local
governments? (Munro, pages 544-545.)
TOPICS FOR INVESTIGATION AND REPORT
I
1. Origin of local government in your section.
2. Development of rural local government in your community, or in some
adjacent community.
3. The work of the tax assessor in rural local government.
4. Investigate the powers and duties of any other county, town, or
township officer.
II
5. Origin and development of rural local government in the United
States. (James, _Local Government in the United States_, chapter ii;
Kimball, _State and Municipal Government in the United States_,
chapter xvi.)
6. The New England town. (Fairlie, _Local Government in Counties,
Towns and Villages_, pages 141-146.)
7. Township government. (Fairlie, _Local Government in Counties, Towns
and Villages_, pages 164-185.)
8. General nature of county government. (Munro, _The Government of the
United States_, chapter xxxviii.)
9. The organization of county government. (James, _Local Government in
the United States_, chapter iii; Maxey, _County Administration_.)
10. Functions of county government. (James, _Local Government in the
United States_, chapter iv; Maxey, _County Administration_.)
11. Financial administration in counties. (Maxey, _County
Administration_.)
12. The administration of highways in counties. (Maxey, _County
Administration_.)
13. Charitable and correctional institutions in the county. (Maxey,
_County Administration_.)
14. Politics in rural local government. (Beard, _American Government
and Politics_, chapter XXX.)
15. County home rule. (Gilbertson, _The County_, chapter xv.)
16. City and county consolidation. (Maxey, _County Administration_.)
17. New developments in county government. (James,_Local Government in
the United States_, chapter viii.)
18. Rural local government in England. (Reed, _Form and Functions of
American Government_, chapter xvii.)
19. Rural local government in France. (James, _Local Government in the
United States_, chapter i.)
FOR CLASSROOM DISCUSSION
20. The relative merits of the town, county, and mixed type of rural
local government.
21. The problem of efficiency in rural local government in your state.
22. The problem of responsibility in rural local government in your
state.
23. Should rural local governments in your state be allowed a greater
measure of home rule?
BIBLIOGRAPHY
The following list contains all of the references that are mentioned
in the text, either as required reading, or as the basis for suggested
topic work. Special mention may be made here of Williamson's _Readings
in American Democracy_, prepared as a companion volume to the text,
and published in 1922 by D. C. Heath & Co.
In harmony with the general arrangement of the text material, the
references in this list have been grouped under the folio wing heads:
Historical, Economic, Social, and Political.
An asterisk has been placed before references that should prove of
value to those who desire to build up a small working library on
problems in American democracy. Works of special importance are
preceded by a double asterisk.
HISTORICAL
Adams, Ephraim D. _The Power of Ideals in American History_. Yale
University Press, New Haven. 1913.
** _Annals_ of the American Academy of Political and Social
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Becker, Carl Lotus. _Beginnings of the American People_. Houghton
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* Cheyney, Edward P. _An Introduction to the Industrial and Social
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Crawford, Mary Caroline. _Social Life in Old New England_. Little,
Brown Co., Boston. 1914.
* Fiske, John. _The Critical Period of American History_. Houghton
Mifflin Co., Boston. 1888.
Hart, Albert Bushnell. _Social and Economic Forces in American
History_.
Huntington, Ellsworth. _Civilization and Climate_. Yale University
Press, New Haven. 1915.
Huntington, Ellsworth, and S. W. Gushing. _Principles of Human
Geography_. John Wiley and Sons, New York. 1921.
** _International Encyclopedia_. Second edition. Dodd Mead & Co.,
New York. 1916.
** _Lessons in Community and National Life_, Department of the
Interior, Bureau of Education. Series A, B, and C, Government Printing
Office, Washington, D. C. 1918.
McLaughlin, Andrew C. _Steps in the Development of American
Democracy_. The Abingdon Press, New York. 1920.
------. _The Confederation and the Constitution_. Harper and Bros, New
York. 1905.
Osgood, Herbert L. _The American Colonies in the Seventeenth Century_,
3 vols. Macmillan, New York. 1904.
Semple, Ellen C. _American History and its Geographic Conditions_.
Houghton Mifflin Co., Boston. 1903.
Speare, Morris E., and W. B. Norris. _World War Issues and Ideals_.
Ginn and Co., Boston. 1918.
** Turner, Frederick J. _The Frontier in American History_. Henry Holt
and Co., New York. 1920.
West, Willis M. _The War and the New Age_. Allyn and Bacon, Boston.
1919.
White, Albert Beebe. _The Making of the English Constitution_. Putnam,
New York. 1908.
ECONOMIC
Adams, Henry C. _Description of Industry_. Henry Holt & Co., New York.
1918.
Ashley, Percy. _Modern Tariff History_. Button and Co., New York.
1911.
*Bishop, Avard L., and A. G. Keller. _Industry and Trade_. Ginn and
Co., Boston. 1918.
Bloomfield, Daniel. _Selected Articles on Modern Industrial Movements_
H. W. Wilson Co., New York. 1919.
------. _Selected Articles on Problems of Labor_. H. W. Wilson Co.,
New York. 1920.
** Bogart, Ernest Ludlow. _The Economic History of the United States_.
Longmans, Green and Co., New York. 1912.
Bogart, Ernest Ludlow, and C. M. Thompson. _Readings in the Economic
History of the United States_. Longmans, Green and Co., New York.
1917.
Brasol, Boris L. _Socialism Versus Civilization_. Chas. Scribner's
Sons, New York. 1920.
Brooks, John Graham. _American Syndicalism: the I. W. W._ Macmillan,
New York. 1913.
Bruce, Philip A. _Economic History of Virginia in the Seventeenth
Century_. 2 Vols. Macmillan, New York. 1907.
Bullock, Charles J. _Selected Readings in Economics_. Ginn and Co.,
Boston. 1907.
------. _Selected Readings in Public Finance_. 2d edition. Ginn and
Co, Boston. 1920.
------. _The Elements of Economics_. Silver, Burdett and Co., Boston.
1919.
Burritt, Arthur W., assisted by Dennison, Gay and others. _Profit
Sharing, its Principles and Practice_. Harper and Bros., New York.
1918.
Callender, Guy S. _Selections from the Economic History of the United
States_. Ginn and Co., Boston. 1909.
* Carlton, Frank T. _History and Problems of Organized Labor_. D. C.
Heath and Co., Boston. 1911.
------. _Organized Labor in American History_. Appleton, New York.
1920.
** Carver, Thomas Nixon. _Elementary Economics_. Ginn and Co., Boston.
1920.
------. _Essays in Social Justice_. Harvard University Press,
Cambridge, Mass. 1915.
------. _Principles of Rural Economics_. Ginn and Co., Boston. 1911.
Clark, John Bates. _Social Justice Without Socialism_. Houghton
Mifflin Co., Boston. 1914.
** Coman, Katharine. _The Industrial History of the United States_.
Macmillan, New York. 1917. Commons, John R. _Trade Unionism and Labor
Problems_. Ginn and Co., Boston. 1905.
Coulter, John L. _Co÷peration Among Farmers_. Sturgis and Walton, New
York. 1919.
_Current History Magazine_, September, 1920. New York _Times_, New
York.
Dewey, Davis R. _Financial History of the United States_. Longmans,
Green and Co., New York. 1915.
Dixon, Frank H., and J. H. Parmelee. _War Administration of the
Railways in the United States and Great Britain_. Oxford University
Press. Carnegie Endowment for International Peace.
**Dryer, Charles R. _Elementary Economic Geography_. American Book
Co., New York. 1916.
Dunbar, Charles F. _The Theory and History of Banking_. 3d edition.
Putnam, New York. 1917.
Durand, Edward D. _The Trust Problem_. Harvard University Press,
Cambridge. 1915.
Edie, Lionel D. _Current Social and Industrial Forces_. Boni and
Liveright, New York. 1920.
** Ely, Richard T. _Outlines of Economics_. Macmillan, New York. 1918.
------. _Socialism, an Examination of its Nature, its Strength and its
Weakness_. Crowell, Boston. 1895.
Fanning, C. E. _Selected Articles on the Conservation of Natural
Resources_. Debaters' Handbook Series. H. W. Wilson Co., Minneapolis.
1913.
Fay, C. R. _Co÷peration at Home and Abroad_. Macmillan, New York.
1910.
** Fetter, Frank A. _Modern Economic Problems_. Century Co., New York.
1917.
Fiske, Amos K. _The Modern Bank_. Appleton, New York. 1914. Ford,
James. _Co÷peration in New England_. New York. 1913. * George, Henry.
_Progress and Poverty_. Doubleday, Page and Co, New York. 1916.
Groat, George G. _An Introduction the Study of Organized Labor in
America_. Macmillan, New York. 1919.
Hamilton, Walton H. _Current Economic Problems_. University of Chicago
Press, Chicago. 1915.
Hammond, John Hays, and J. W. Jenks. _Great American Issues_, Chas.
Scribner's Sons, New York. 1921.
Harris, Emerson P. _Co÷peration, the Hope of the Consumer_. Macmillan,
New York. 1918.
Hayward, William R. _Money, What it is, and How to Use It_. Houghton
Mifflin Co., Boston. 1917.
_Hearings before a sub-committee of the Committee on the Judiciary_.
U.S. Senate. Government Printing Office, Washington, D. C.
Hinds, William A. _American Communities_. 2d revision. Kerr and Co.,
Chicago. 1908.
Hobson, John A. _The Evolution of Modern Capitalism_. New and revised
edition. London. 1912.
Hoxie, Robert F. _Scientific Management and Labor_. Appleton, New
York. 1915.
------. _Trade Unionism in the United States_. Appleton, New York.
1920.
* _I. W. W. Constitution_. Chicago. 1905.
* Johnson, Emory R. _American Railway Transportation_. Appleton, New
York. 1912.
Kemmerer, Edwin W. _The A B C of the Federal Reserve System_.
Princeton University Press, Princeton, N. J. 1920.
King, Clyde L. _Lower Living Costs in Cities_. Appleton, New York.
1915.
* ------. _The Regulation of Municipal Utilities_. Appleton, New York.
1914.
* King, Willford Isbell. _The Wealth and Income of the People of the
United States_. Macmillan, New York. 1919.
** LeRossignol, James Edward. _Orthodox Socialism_. Crowell, New York.
1907.
* Malthus, Thomas Robert. _Essay on Population_.
* Marshall, Leon C., and L. S. Lyon. _Our Economic Organization_.
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* Marx, Karl, and Frederick Engels. _The Communist Manifesto_.
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* Plehn, Carl C. _Introduction to Public Finance_. 4th edition.
Macmillan, New York. 1920.
Porter, Robert P. _The Dangers of Municipal Ownership_. Century Co.,
New York. 1907.
Powell, George H. _Co÷peration in Agriculture_. Macmillan, New York.
1913.
* Price, Overton W. _The Land We Live In_. Small, Maynard Co., Boston.
1919.
Ripley, William Z. _Trusts, Pools and Corporations_. Revised Edition.
Ginn and Co., Boston. 1916.
** Seager, Henry Rogers. _Principles of Economics_. Henry Holt and
Co., New York. 1917.
Seligman, Edwin R. _Essays in Taxation_. 8th edition. Macmillan, New
York. 1917.
------. _Principles of Economics_. 6th edition. Longmans, Green and
Co., New York. 1914.
* Skelton, O. D. _Socialism, a Critical Analysis_. Houghton Mifflin
Company, Boston. 1911.
* Smith, Adam. _An Inquiry into the Nature and Causes of the Wealth of
Nations_.
** Smith, J. Russell. _Commerce and Industry_. Henry Holt and Co., New
York. 1916.
------. _The Story of Iron and Steel_. Appleton, New York. 1908.
Sonnichsen, Albert. _Consumers' Co÷peration_. Macmillan, New York.
1919.
Tarbell, Ida M. _The Tariff in Our Times_. Macmillan, New York. 1911.
** Taussig, Frank W. _Principles of Economics_. 2 vols. Macmillan, New
York. 1919.
------. _The Tariff History of the United States_. Putnam, New York.
1916.
Thompson, Charles M. _Elementary Economics_. B. H. Sanborn and Co.,
New York. 1920.
Thompson, Carl D. _Municipal Ownership_. B. W. Huebsch, New York 1917.
Van Hise, Charles R. _Concentration and Control: a Solution of the
Trust Problem in the United States_. Macmillan, New York. 1912.
** ------. _The Conservation of Natural Resources in the United
States_. Macmillan, New York. 1918.
Weld, Louis D. H. _The Marketing of Farm Products_. Macmillan, New
York. 1916.
White, Horace. _Money and Banking_. Ginn and Co., Boston. 1911.
Wood, Thomas B. _The Story of a Loaf of Bread_. Putnam, New York.
1913.
Young, Arthur N. _The Single Tax Movement in the United States_.
Princeton University Press, Princeton. 1916.
SOCIAL
Abbott, Edith. _Women in Industry_. Appleton, New York. 1910. Abbott,
Grace. _The Immigrant and the Community_. Century Co., New York. 1917.
Addams, Jane. _The Spirit of Youth and the City Streets_. Macmillan,
New York. 1909.
Anderson, Wilbert Lee. _The Country Town_. Baker and Taylor Co., New
York. 1906.
Antin, Mary. _The Promised Land_. Houghton Mifflin Co., Boston. 1912.
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* _Atlanta University Publications_. Atlanta University Press,
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Baldwin, Simeon E. _The Relation of Education to Citizenship_. Yale
University Press, New Haven. 1912.
Bloomfield, Meyer. _The Vocational Guidance of Youth_. Houghton
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Bogardus, Emory S. _Essentials of Americanization_. University of
Southern California, Press, Los Angeles. 1919.
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* Bryce, James. _The Hindrances to Good Citizenship_. Yale University
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** Burch, Henry Reed, and S. W. Patterson. _American Social Problems_.
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Butterfield, Kenyon L. _The Country Church and the Rural Problem_.
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* ------. _The Farmer and the New Day_. Macmillan, New York. 1919.
Cabot, Richard C. _Social Work: Essays on the Meeting Ground of Doctor
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Carney, Mabel. _Country Life and the Country School_. Row, Peterson
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** Carver, Thomas Nixon. _Sociology and Social Progress_. Ginn and
Co., Boston. 1905.
Cleveland, Frederick A., and Joseph Schafer. _Democracy in
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Colcord, Joanna C. _Broken Homes: a Study of Family Desertion and its
Social Treatment_. Russell Sage Foundation, New York. 1919.
* Commons, John R. _Races and Immigrants in America_. Macmillan, New
York. 1911.
Conyngton, Mary. _How to Help._ The Ronald Press, New York. 1906.
Coolidge, Mary. _Chinese Immigration_. Henry Holt and Co., New York.
1909.
Cubberley, Ellwood P. _Changing Conceptions in Education_. Houghton
Mifflin Co., Boston. 1909.
* ------. _Public Education in the United States_. Houghton Mifflin
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Curtis, Henry S. _Education Through Play_. Macmillan, New York. 1915.
Davenport, Eugene. _Education for Efficiency_. D. C. Heath Co.,
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Department of the Interior, Bureau of Education. _Bulletin 1919_, No.
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* Devine, Edward T. _Misery and its Causes_. Macmillan, New York.
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* ------. _The Practice of Charity_. Dodd Mead and Co., New York.
1904.
* ------. _The Principles of Relief_. Macmillan, New York. 1904.
* ------. _The Spirit of Social Work_. Charities Publication
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Dewey, John. _Schools of To-morrow_. Dutton, New York. 1915.
Dugdale, Richard L. _The Jukes, a Study in Crime, Pauperism, Disease
and Heredity_. Putnam, New York. 1891.
Eliot, Charles W. _Education for Efficiency_. Houghton Mifflin Co.,
Boston. 1909.
** Ellwood, Charles A. _Sociology and Modern Social Problems_.
American Book Co., New York. 1919.
Fisher, Irving. _Bulletin of the Committee of One Hundred on National
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Galpin, Charles J. _Rural Life. Century Co., New York. 1918.
* George, William R. _The Junior Republic, its History and Ideals_.
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Gill, Charles O., and Gifford Pinchot. _The Country Church_.
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** Gillette, John Morris. _Constructive Rural Sociology_. Sturgis and
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* Goodsell, Willystine. _The Family as a Social and Educational
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* ------. _The Relation between Freedom and Responsibility in the
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* McMurry, Frank M. _How to Study and Teaching How to Study_. Houghton
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** Mangold, George B. _Problems of Child Welfare_. Macmillan, New
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* Riis, Jacob A. _The Battle with the Slum_. Macmillan, New York.
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* Roberts, Peter. _The Problem of Americanization_. Macmillan, New
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* Rubinow, Isaac M. _Standards of Health Insurance_. Henry Holt & Co.,
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** Smith, Reginald Heber. _Justice and the Poor_. Carnegie Foundation
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York. 1914.
* ------. _On the Trail of the Immigrant_. F. H. Revell Co., New York.
1906.
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1920.
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1912.
Tufts, James H. _The Real Business of Living_. Henry Holt and Co., New
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** Vogt, Paul L. _Introduction to Rural Sociology_. Appleton, New
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** Warner, Amos G. _American Charities_. 3d edition. Crowell, New
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------. _The Story of the Negro_. Doubleday, Page and Co., New York.
1909.
** ------. _Tuskegee and its People, their Ideals and Achievements_.
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** ------. _Up from Slavery_. Doubleday, Page and Co., New York. 1901.
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Wood, Edith. _The Housing of the Unskilled Wage Earner_. Macmillan,
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Woods, Arthur. _Crime Prevention_. Princeton University Press,
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* Woods, Robert A. _Americans in Process_. Houghton Mifflin Co.,
Boston. 1902.
POLITICAL
Beard, Charles A. _American Citizenship_. Macmillan, New York. 1917
------. _American City Government_. Century Co., New York. 1912.
** ------. _American Government and Politics_. Macmillan, New York.
1920.
------. _An Economic Interpretation of the Constitution of the United
States_. Macmillan, New York. 1913.
------. _Readings in American Government and Politics_. Macmillan, New
York. 1912.
------. _The Supreme Court and the Constitution_. Macmillan, New York.
1912.
Beard, Charles A., and Birl Schultz. _Documents on the State-wide
Initiative, Referendum and Recall_. Macmillan, New York. 1912.
Borgeaud, Charles. _Adoption and Amendment of Constitutions in Europe
and America_. Macmillan, New York. 1895.
* Brewer, David J. _American Citizenship_. Chas. Scribner's Sons, New
York. 1907.
Brooks, Robert C. _Corruption in American Politics and Life_. Dodd,
Mead and Co., New York. 1910.
** Bryce, James. _Modern Democracies_. 2 vols. Macmillan, New York.
1921.
** ------. _The American Commonwealth_. 2 vols. Macmillan, New York.
1914.
Childs, Richard S. _Short Ballot Principles_. Houghton Mifflin Co.,
Boston. 1911.
** Cleveland, Frederick H., _Organized Democracy_. Longmans, Green and
Co., New York. 1913.
* Cleveland, Frederick H., and A. E. Buck. _The Budget and Responsible
Government_. Macmillan, New York. 1920.
Commons, John R. _Proportional Representation_. Macmillan, New York.
1907.
Croly, Herbert. _The Promise of American Life_. Macmillan, New York.
1912.
** _Cyclopedia of American Government_. Edited by A. C. McLaughlin and
A. B. Hart. 3 Vols. Appleton, New York. 1914.
Dealey, James Q. _Growth of American State Constitutions from 1776 to
the End of the Year 1914_. Ginn and Co., Boston. 1915 ** Dunn, Arthur
William. _The Community and the Citizen_. D. C. Heath and Co., Boston.
1919.
Fairlie, John A. _Local Government in Counties, Towns and Villages_.
Century Co., New York. 1906.
------. _Municipal Administration_. Macmillan, New York. 1906.
** ------. _The National Administration of the United States of
America_. Macmillan, New York. 1905.
Follett, Mary Parker. _The Speaker of the House of Representatives_.
Longmans, Green and Co., New York. 1904.
Foltz, E. B. K. _The Federal Civil Service as a Career_. Putnam, New
York. 1909.
Ford, Henry Jones. _The Cost of Our National Government_. Columbia
University Press. New York. 1910.
** ------. _The Rise and Growth of American Politics_. Macmillan, New
York. 1900.
Forman, S. E. _The American Democracy_. Century Co., New York. 1920.
Gettell, Raymond G. _Introduction to Political Science_. Ginn and Co.,
Boston.
------. _Problems in Political Evolution_. Ginn and Co., Boston.
* ------. _Readings in Political Science_. Ginn and Co., Boston. 1911.
Gilbertson, H. S. _The County_. National Short Ballot Organization.
New York. 1917.
Goodnow, Frank J. _Social Reform and the Constitution_. Macmillan, New
York. 1911.
** Guitteau, William Backus. _Government and Politics in the United
States_. Houghton Mifflin Co., Boston. 1920.
Haines, Charles G. _The American Doctrine of Judicial Supremacy_.
Macmillan, New York. 1914.
Hart, Albert Bushnell. _Practical Essays in American Government_.
Longmans, Green & Co., New York.
Hinsdale, Mary L. _A History of the President's Cabinet_. Ann Arbor.
1911.
Hoar, Roger S. _Constitutional Conventions_. Little, Brown & Co.,
Boston. 1917.
** Holcombe, Arthur N. _State Government in the United States_.
Macmillan, New York. 1916.
Hughes, Charles Evans. _Conditions of Progress in Democratic
Government_. Yale University Press, New Haven. 1910.
* _Illinois Constitutional Convention Bulletins_. Springfield,
Illinois. 1920.
** _Illinois Efficiency and Economy Report_. Springfield, Illinois.
1915
** James, Herman G. _Local Government in the Unites States_. Appleton,
New York. 1921.
* Jones, Chester L. _Readings on Parties and Elections in the United
States_. Macmillan, New York. 1912.
Kaye, Percy Lewis. _Readings in Civil Government_. Century Co., New
York. 1910.
* Kimball, Everett. _State and Municipal Government in the United
States_ Ginn and Co., Boston. 1921.
* ------. _The National Government of the United States._ Ginn and
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Leacock, Stephen A. _Elements of Political Science_. Houghton Mifflin
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** Lowell, A. Lawrence. _Public Opinion and Popular Government_.
Longmans, Green & Co., New York. 1913.
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Press, New York. 1911.
McKinley, Albert E. _The Suffrage Franchise in the Thirteen English
Colonies in America_. Philadelphia. 1905.
** _Massachusetts Constitutional Convention Bulletins_. Boston, 1917.
** Mathews, John M. _Principles of State Administration_. Appleton,
New York. 1917.
Maxey, C. C. _County Administration_. Macmillan, New York. 1919.
Merriam, Charles Edward. _American Political Ideas_. Macmillan, New
York. 1920.
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Macmillan, New York. 1920.
------. _The Government of European Cities_. Macmillan, New York. 1909
** ------. _The Government of the United States_. Macmillan, New York
1919.
* ------. _The Initiative, Referendum and Recall_. Appleton, New York
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Politics_ Chas. Scribner's Sons, New York. 1913.
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World Book Co., New York. 1917.
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Springfield. 1918.
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University Press New York. 1916.
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Haven. 1914.
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United States_. Putnam, New York. 1914.
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New York. 1915.
CONSTITUTION OF THE UNITED STATES OF AMERICA
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
SECTION I. All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and a
House of Representatives.
SECT. II. 1. 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.
2. 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.
3. 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.
4. When vacancies happen in the representation from any State, the
Executive authority thereof shall issue writs of election to fill such
vacancies.
5. The House of Representatives shall choose their Speaker and other
officers; and shall have the sole power of impeachment.
SECT. III. 1. 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.
2. 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.
3. 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.
4. The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided.
5. 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.
6. The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall 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.
7. 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.
SECT. IV. 1. 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.
2. 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.
SECT. V. 1. 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.
2. 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.
3. 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.
4. 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.
SECT. VI. 1. 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.
2. 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.
SECT. VII. 1. 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.
2. 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.
3. 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.
SECT. VIII. The Congress shall have power
1. 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;
2. To borrow money on the credit of the United States;
3. To regulate commerce with foreign nations, and among the several
States, and with the Indian tribes;
4. To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States;
5. To coin money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures;
6. To provide for the punishment of counterfeiting the securities and
current coin of the United States;
7. To establish post offices and post roads;
8. 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;
9. To constitute tribunals inferior to the Supreme Court;
10. To define and punish piracies and felonies committed on the high
seas and offences against the law of nations;
11. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water;
12. To raise and support armies, but no appropriation of money to that
use shall be for a longer term than two years;
13. To provide and maintain a navy;
14. To make rules for the government and regulation of the land and
naval forces;
15. To provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions;
16. To provide for organizing, 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;
17. 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
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
18. 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 office thereof.
SECT. IX. 1. 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 1808; but a tax or duty
may be imposed on such importation, not exceeding $10 for each person.
2. 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.
3. No bill of attainder or _ex post facto_ law shall be passed.
4. No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration herein before directed to be
taken.
5. No tax or duty shall be laid on articles exported from any State.
6. 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.
7. 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.
8. 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 the Congress, accept of any present, emolument,
office, or title, of any kind whatever, from any king, prince, or
foreign state.
SECT. X. 1. 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.
2. 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.
3. 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
SECTION I. 1. 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:
2. 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 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 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 choose by ballot one of
them for President; and if no person has a majority, then from the
five highest on the list the said house shall in like manner choose
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. 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 choose from them by
ballot the Vice-President.]
3. 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.
4. 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.
5. 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.
6. 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.
7. Before he enters 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."
SECT. II. 1. 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.
2. 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.
3. 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.
SECT. III. 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.
SECT. IV. The President, Vice-President and all civil officers of the
United States, shall be removed from office on impeachment for, and on
conviction of, treason, bribery, or other high crimes and
misdemeanors.
ARTICLE III
SECTION I. 1. The judicial power of the United States shall be vested
in one Supreme Court, and in such inferior courts as 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.
SECT. II. I. 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 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.
2. 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.
3. 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.
SECT. III. 1. 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.
2. 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 I. 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.
SECT. II. 1. The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.
2. 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.
3. 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.
SECT. III. I. 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.
2. 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.
SECT. IV. 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 amendments 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
1. 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.
2. 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.
3. 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.
[Signed by] G║ 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 [Footnote: The first ten Amendments were
adopted in 1791.]
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 favour, 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. [Adopted in
1798.]
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 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 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. [Adopted in 1894.]
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. [Adopted in 1865.]
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 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.
Section 5. The Congress shall have power to enforce by appropriate
legislation the provisions of this article. [Adopted in 1867.]
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 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. [Adopted in 1870.]
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.
[Adopted in 1913.]
ARTICLE XVII, Section 1. 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.
Section 2. 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.
Section 3. 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. [Adopted in 1913.]
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 beverage 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 by the Constitution, within seven
years from the date of the submission hereof to the States by the
Congress. [Adopted in 1919.]
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.
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.