CHAPTER XIII

THE NATIONAL CONSTITUTION

_The purpose of this chapter is to explain how the constitution was

framed, how it has developed, and how it can be changed._

[Sidenote: _E pluribus unum._]

=The Achievement of Union.=—The greatest achievement of the American

people has been the welding of separate states into a single nation. To

have brought into a permanent federation thirteen relatively small

communities, containing less than four million people in all, may not

seem to us to have been a remarkable feat. These thirteen communities

had won their independence together in a common war; they were inhabited

for the most part by people of the same race, speaking the same

language, and accustomed to the same laws. Why should there have been

any difficulty in getting them to form a union in order to provide for

the common defence and promote the general welfare? Is not unification a

natural process?

Well, if the gathering of different states into a single permanent union

is an easy matter, why did not the warring cities of Ancient Greece

unite? Why did they persist in their disunion, and through disunion

ultimately fall a prey to their common enemy? The whole of Attica was

smaller than the single state of South Carolina. Why did not the various

states of Central America, or of South America, form a union after they

had won their independence from Spain? How different the history of

these Latin-American countries would have been during the past hundred

years if they had established a federal union like that of the United

States!

The forming of the American union was not an easy task. It was brought

about by dint of hard work, patience, a rare display of public spirit on

the part of the leaders in the several states, and the common sense of

the masses of the people. If the men and women of 1787 had regarded

themselves alone and given no thought to posterity; if they had placed

the immediate interests of the individual states above the ultimate

well-being of the whole; if they had allowed themselves to be moved by

prejudice rather than by patriotism, the American union would not have

been formed.

[Sidenote: Obstacles in the way of union.]

=Why the Task was Difficult.=—The thirteen colonies were founded

independently. Some of them grew out of trading-company operations.

Others were founded by men and women who left their homes in the old

country to escape religious persecution. Others, again, owed their

beginnings to wealthy men who obtained large grants of land from the

English crown in order to establish settlements. Founded in different

ways, these various colonies had from the outset very little community

of interest. Each had its own government and these governments differed

somewhat from one another. The people did not travel about from one

colony to another, for transportation was crude and traveling was

difficult. From Massachusetts to Georgia seemed a much longer distance

in 1787 than a journey across the entire continent seems today. Each

colony, moreover, was primarily interested in its own problems and gave

little thought to outside affairs except when dangers threatened. It is

true that the colonies also had some things in common, but the forces

which tended to keep them apart were far stronger than those which

tended to bring them together.

[Sidenote: Early attempts at federation.]

For this reason the first attempts at union resulted in no permanent

federation. As early as 1643 the four principal New England settlements

united themselves into a league of friendship known as the New England

Federation, but this union went out of existence after the danger of

Indian attacks had passed away. William Penn, in 1696, proposed a

general union of all the colonies but nothing came of his suggestion. At

various times during the next sixty years conferences were called and

the matter discussed, the most important being the Albany Congress of

1754, at which a plan of union was framed in detail. Local jealousies,

however, always proved too strong until the impending quarrel with the

mother country showed the necessity of united action.

[Sidenote: The Revolution as a unifying force.]

=How the War paved the Way for Union.=—The attempt of the English

government to tax the colonies without their consent brought home to

them, for the first time, the fact that they were all in the same boat.

If they should attempt to resist these taxes individually, they would be

coerced one by one. For this reason they hastened to consult with one

another and in due course sent delegates to a Continental Congress which

handled the common interests of the colonies during the war. The stress

and strain of the war made unity essential for the time being, but it

did not produce an organic union. The colonies were united in declaring

their independence, but this declaration did not create a union of new

states.

=The Declaration of Independence.=—The Declaration of Independence is

one of the most famous documents in all history. Drawn by Thomas

Jefferson it is at once a statement of political principles and a

recital of the colonial grievances. Four outstanding political

principles are set forth in the following words:

“We hold these truths to be self-evident, that all men are created

equal, that they are endowed by their Creator with certain

inalienable rights, that among these are life, liberty, and the

pursuit of happiness.”

“That to secure these rights, governments are instituted among men,

deriving their just powers from the consent of the governed.”

“That whenever any form of government becomes destructive to these

ends, it is the right of the people to alter or abolish it.”

“That governments long established should not be changed for light

or transient causes.”

[Sidenote: Importance of the Declaration.]

The Declaration of Independence is not the law of the land and never has

been; its text is not legally binding upon Congress, the legislatures,

or the courts. It is an assertion of fundamental principles. It did not

create a united nation, save in sentiment. By the declaration thirteen

new sovereign states were established, each with the right to determine

its own form of government. From a governmental standpoint these

thirteen communities were less united after the declaration than they

had been before it. Prior to 1776 there had been a single sovereign;

after that date there were thirteen. But although the Declaration of

Independence did not make any provision for the union of the several

states it is none the less an immortal document because it boldly

asserted principles that were new to the world. In 1776 there was very

little democracy anywhere. The four truths above mentioned are

commonplace today; but one hundred and fifty years ago they were a

challenge to revolution in all despotic countries. In our time the

greater part of the civilized world has come to accept them as the only

sound basis of democratic government. The declaration, therefore, is not

merely a landmark in the history of American democracy; it marks the

beginning of a great epoch in the history of human freedom.

=The Articles of Confederation.=—Having given their pledge to common

principles and having stood shoulder to shoulder through the dark hours

of a hard-fought war, it might be thought that these thirteen states

would have seen clearly the wisdom of welding themselves into a single,

united nation. But they were not yet ready to drop their jealousies or

abate their zeal for individual independence. The best they were willing

to do, for the time being, was to give their assent to a plan for a

loose confederation, something that was little better than an offensive

and defensive alliance. [Sidenote: Provisions of the articles.] This

plan, drawn up by the Continental Congress in 1777, was embodied in the

Articles of Confederation and sent to the several states to be ratified.

It met with very little enthusiasm, and not until 1781 was it accepted

by all the states. In truth, these Articles did not deserve much

enthusiasm, for they provided an unworkable form of federal government.

A Congress composed of a single chamber made up of delegates from the

states was the sole organ of the Confederation. No provision was made

for an executive or for a system of courts. In the Congress of the

Confederation all the states, large and small, were given equal voting

powers; the delegates were appointed by the states, paid by the states,

and subject to recall at any time by the states. The people, as such,

were given no direct share in the government; on the other hand the

central government could not deal directly with the people, it could act

only through the states.

[Sidenote: Weakness of the Confederation.]

The states were so jealous of their own sovereignty and independence

that they withheld from the government of the Confederation most of the

essential powers which a government must have in order to do its work.

They gave it no power to tax and hence no certain means of procuring a

revenue. They gave it no power to borrow money save with the assent of

nine states. They gave it no power to regulate trade. The Articles of

Confederation, although drawn and adopted in the midst of a war, gave

the Congress no power to summon men into the army. When it needed troops

it could only call upon the states to supply them. Sometimes the states

responded to these calls, but more often they did not, and in the latter

case the Congress had no way of enforcing its demands for men. Under the

circumstances it is amazing that the government of the Confederation

managed to carry on the war and bring it to a successful conclusion.

[Sidenote: The critical period.]

=The Drift to Anarchy after the War.=—Despite the utter weakness of the

Confederation the war continued to be a unifying force so long as it

lasted. In the face of a common danger and with a common goal ahead of

them the states kept their jealousies in the background. But as soon as

the war was over the bickerings began in earnest. Each state began to

look upon its own interests as the thing of greatest importance; each

sought to gain advantages at the expense of its neighbors. Each was at

liberty to impose its own tariff and to regulate trade at its own ports.

So they began to quarrel among themselves over trading privileges and

over disputed boundaries until a civil war seemed to be quite within the

bounds of possibility.

[Sidenote: Impotence of the Congress.]

Why did not the Congress of the Confederation intervene to prevent this

drift to anarchy? The Congress would gladly have done so but it had no

power. It had no authority to intervene in disputes between the states,

or even to prevent war among them. It had no army of its own, no money

to raise an army. Some of the states, now that the war was over, took so

little interest in the Confederation that they stopped sending delegates

to the Congress altogether. Time and again it was found impossible to

get a quorum in order to do business. The utter weakness of the Congress

was tragically displayed in 1783 when it was driven out of its quarters

at Philadelphia by a mob of soldiers clamoring for their pay.

[Sidenote: The economic disorder.]

The whole country was in a bad way. During the war a huge debt had been

created, and Congress now found itself with no money to pay interest on

it. Millions in paper money had been issued, but nowhere was there any

gold to redeem them. Prices had been high during the war, as prices

always are during war time. When the war ended there was a general fall

in prices with the result that the farmers got less for their products

and became discontented. Farmers, in those days, formed ninety per cent

of the population and they completely controlled the legislatures of the

various states. They clamored for relief from the effects of the decline

in prices, called for the issue of more paper money, for high tariffs,

and for measures that would lessen the burden of mortgages on their

lands. In some of the states there was open rioting and disorder. These

years have been well called the “critical period” of American history.

It looked for a time as though independence was to be merely a prelude

to anarchy.

[Sidenote: The leaders in despair.]

No wonder the leaders of the people were discouraged and alarmed.

Washington was in despair. “I am mortified beyond expression”, he wrote,

“when I view the clouds that have spread over the brightest morn that

ever dawned upon any country.... I am lost in amazement when I behold

what intrigue, ignorance, and jealousy are capable of effecting.... It

is but the other day that we were shedding our blood to obtain the

constitutions under which we now live—constitutions of our own choice

and making—and now we are unsheathing the sword to overturn them....

What a triumph for the advocates of despotism to find that we are

incapable of governing ourselves!” These are bitter words, but the

condition of the country quite justified them. Sensible men in all the

states shared this alarm and felt that what had been won during the war

might easily be lost, for if the states should fall to fighting among

themselves, it would be very easy for Europe to take a hand in the fray

and divide the spoils. The fate of Poland was fresh in the minds of

those who had read history.

[Sidenote: A Constitutional Convention called.]

=The Triumph of Public Spirit over Selfishness.=—But presently there

came a rift in the clouds. The four million people who formed the

population of the thirteen states, despite their sectional prejudices,

were possessed of common sense and patriotism. They were blessed,

moreover, with as fine a group of leaders as ever carried a young nation

through troublous years. Washington, Jefferson, Franklin, Madison,

Hamilton, and the others of this notable galaxy held different views as

to the best means of bringing order out of chaos; but they were ready,

when the time came, to sink these personal differences in order that

some effective form of central government might be established. They

lent the weight of their great influence, therefore, to a movement for

revising the Articles of Confederation in such a way that a better union

of the thirteen states might be achieved. In truth it was a difficult

task to induce the states to move towards unity, for they were all

headed in exactly the opposite direction. But by the exercise of tact

and patience, and after discouraging delays, twelve of the states

finally sent delegates to a convention that was called to meet at

Philadelphia in 1787 to see what could be done. If the states had been

asked to join in the making of an entirely new constitution and the

establishing of a real federal union, there is no doubt that some of

them would have declined. The convention was called to consider changes

in the Articles of Confederation. But when the delegates set to work

they soon found that no patchwork performance would ever solve the

problem of welding the American people into a unified nation. So they

proceeded to make an entirely new covenant containing provision for a

real central government endowed with adequate powers.

=The Constitutional Convention: Its Members.=—In the convention there

were fifty-five delegates representing twelve states. Some states sent

six or seven delegates; others only two or three. The number did not

matter much, for each state had one vote on all questions. The delegates

were never all present at any one time; some of them came and soon went

away; others kept coming and going; but the majority stayed right

through the summer and attended the meetings regularly. The convention

met in the old brick state house in Philadelphia, the building in which

the Declaration of Independence had been signed eleven years before. It

met behind closed doors and the delegates agreed that they would not

tell what was going on. Day after day, from May to September, they

wrestled with the problem of framing a new constitution and although

their differences of opinion often seemed impossible to adjust, the

convention finally managed to draft a document which a majority of the

delegates were willing to sign.

------------------------------------------------------------------------

WASHINGTON AT THE CONSTITUTIONAL

CONVENTION OF 1787

By Violet Oakley

This picture is in the Pennsylvania State Capitol at

Harrisburg.

It portrays the Fathers of the Republic at their

great work of framing the national constitution.

Washington, the presiding officer of the convention,

is appealing to his colleagues with the notable

words which encircle the top of the picture. Around

and below him are Benjamin Franklin, James Madison,

William Paterson, James Dickinson, Edmund Randolph,

Robert Morris, and Gouverneur Morris, all of them in

quaint costumes of the later eighteenth century.

The picture is symbolic of America’s great

aspiration—Let us raise a standard to which the

honest can repair!

[Illustration:

WASHINGTON AT THE CONSTITUTIONAL CONVENTION.

By Violet Oakley

_Copyright by Violet Oakley. From a Copley Print, copyright by Curtis

& Cameron, Boston. Reproduced by permission._

]

------------------------------------------------------------------------

[Sidenote: The Fathers of the Republic.]

The men who took a prominent part in this convention performed a service

of such value and permanence that their names can never be forgotten.

Washington, who headed the delegation from Virginia, was chosen by the

convention to be its presiding officer. This debarred him from taking an

active part in the discussions on the floor, but his great personal

influence was on many occasions exerted in the interests of harmony.

Benjamin Franklin, the wisest man of his time, was the senior member of

the Pennsylvania delegation. His broad knowledge of men and affairs,

gained through a long life of more than eighty years, made him one of

the most valuable members. Then there was James Madison, still a young

man but already a thorough scholar in matters of government. Among all

the delegates Madison ranked first in point of active helpfulness and

fully earned the distinction which posterity has given him as the Father

of the Constitution. Alexander Hamilton, of New York, young and

brilliant, with plenty of imagination and strong political opinions, was

the orator of the convention; but oratory did not carry far with the

delegates. They listened with rapt attention to Hamilton’s impassioned

speeches and applauded him generously at the end; but when the question

was put to a vote he sometimes got nobody’s vote but his own. Arguments

counted for more than eloquence in this gathering. Among the delegates

of ability and prominence were Robert Morris and James Wilson, of

Pennsylvania, the former a wizard in financial matters, the latter a

hard-headed Scotchman of great political sense; Roger Sherman, the

shoemaker-statesman, of Connecticut; the two Pinckneys, of South

Carolina, John Dickinson, of Delaware, and a dozen others whose names

were known throughout the nation in their day. They were not all of the

same mind on political questions, not by any means; some were

conservative and some were radical; some looked far into the future and

others only to the needs of the hour; some were always willing to

compromise and others were not ready to compromise at all; but taken as

a whole they formed an able, well-balanced group of men, fairly

reflecting the intelligence and patriotism of their time.[106]

[Sidenote: The obstacles and the compromises.]

=How the Convention Solved its Difficulties.=—In a body made up of men

who held such widely-differing opinions it was inevitable that bitter

controversies should arise. And that is what happened. Delegates from

the smaller states disagreed with the delegates from the larger states

on the question whether, under the new constitution, the voting power of

the states should be equal, as it had been under the Articles of

Confederation. Delegates from the North clashed with delegates from the

South on the question of giving the new government power to regulate

trade; for the South did not want export taxes placed upon tobacco,

cotton, and the other plantation staples. The divergence of opinion was

often very wide, and on one occasion the convention almost broke off its

proceedings because there seemed to be no hope that any agreement could

be reached. But patience and public spirit finally prevailed on all

points and by means of one compromise after another the convention

managed to finish its work without splitting its ranks wide open.[107]

[Sidenote: The constitution drafted.]

When all the main features had been agreed upon they were put together

into a constitution which thirty-nine of the delegates were willing to

sign. Of the others, some were absent; some refused to put their names

to it. Even among those who signed it there were many who did so without

the least enthusiasm. The provisions of the new constitution were not

what any individual delegate wanted, but merely what a majority could be

induced to agree upon. What influenced the delegates most of all was the

fact that everyone knew the existing situation to be bad; the new

constitution, whatever its defects, was sure to be an improvement. The

immediate thing was to get the states headed towards the center and not

towards the circumference of a circle. This being accomplished, the

leaders of the convention believed the future might be trusted to take

care of itself. It was in this broad and patriotic spirit that

thirty-nine men appended their names to what the English statesman,

Gladstone, once called “the greatest achievement ever struck off in a

given time by the hand and brain of man”,—the constitution of the United

States.

[Sidenote: Ratification by the states.]

=The Final Step.=—But by signing their names to this document the

members of the convention did not make it the law of the land. Before

the constitution could go into force it must be submitted to the states

and adopted by them. And there was grave danger that several of the

states would reject it. Public sentiment seemed to be about evenly

divided; the small farmers were largely opposed to accepting the new

government, while the people of the towns and the large property-owners

were in favor of it. [Sidenote: The Federalist.] Some of those who had

been leaders in the convention, notably Hamilton and Madison, organized

a campaign to influence public opinion in favor of the new constitution,

in the course of which they wrote numerous letters to the newspapers

explaining and defending the various provisions. These letters were

subsequently compiled into book form and published under the title of

_The Federalist_. Even today they form an admirable exposition of what

the various provisions of the constitution express and imply. In the end

the campaign for ratification was successful and notwithstanding strong

opposition in some of the states all were finally induced to accept the

constitution. This being accomplished the Congress of the Confederation

dissolved and in 1789 the new federal government came into office with

New York City as the temporary capital.[108]

[Sidenote: A notable document.]

=The Constitution as a Whole.=—The constitution of the United States as

framed by the convention is a relatively short document. It is printed

in the back of this book and can be read in about twenty minutes. It is

the oldest and the shortest among republican constitutions in the great

countries of the world. Napoleon Bonaparte once said that a good

constitution should be “short and obscure”, short, so that people would

not have to waste time in reading it, and obscure so that rulers could

interpret it in any way they chose. The constitution of the United

States fulfils the first of Napoleon’s requirements but not the second.

It is a remarkably clear document, well-arranged, saying in a few words

exactly what it means, and couched in admirable English. Let anyone read

the first six lines of it, for example, and see if he can put the

purposes of a free government into fewer and more telling words. It is

the supreme law of the land, the last word on all questions of American

government. No one can claim to know how the affairs of the United

States are administered without mastering, at least in a general way,

the contents of the constitution.

[Sidenote: Factors in the development of the constitution:]

=How the Constitution has Developed.=—But the constitution today is not

what it was a hundred and twenty-odd years ago. Were that the case, it

would be sadly out of touch with the needs of the nation. To be

satisfactory a constitution must be capable of steady expansion and

development; it must be able to keep step with political, social, and

economic progress. This the constitution of the United States has been

able to do through various agencies of development, usage, judicial

interpretation, and amendment. Established for thirteen states

containing four million people it has been expanded to cover the needs

of nearly four times as many states and more than twenty-five times as

many people. Framed in days of stage coaches and sailing ships,

hand-industry and primitive methods of agriculture, it has carried

through into the days of airships and tractors, giant factories and

miracles of industry. It is endowed with dynamic qualities.

[Sidenote: 1. Usage.]

Let us look a little more closely at these agencies of development.

Usage is one of them. Alongside the written document there have grown up

many practices which have practically the strength of written

provisions. Take the method of electing the President, for example.

Indirect election is provided in the constitution; by usage the election

has become direct. The constitution provides that the President shall

make appointments with the “advice and consent” of the Senate; but as a

matter of usage its advice is never asked and its consent, in some

cases, is never refused (see p. 298). The constitution says not a word

about the Cabinet, but by usage a Cabinet system has grown up in the

United States as in England. Nor does it say a word about political

parties, nevertheless usage has given them a large part in government.

These illustrations could be multiplied. Why does no President seek a

third term? Why does a President usually consult individual

representatives before making local appointments? Why are non-residents

in a congressional district practically never elected to represent it?

Usage answers these and many other questions.

[Sidenote: 2. Interpretation.]

The constitution has also been modified by decisions of the courts. The

courts cannot change a single word in the constitution; they merely

interpret its meaning. Their function is =jus dicere, non dare= (to

interpret the law, not to make it), as the saying goes. But the fact

remains that changes in the meaning of words are equivalent for all

practical purposes to changes in the words themselves. The Supreme

Court, in a long series of decisions, has greatly expanded the powers of

the national government by the interpretation of words and clauses in

the written constitution. It has decided that the power to borrow money

includes the power to establish banks, that the power to regulate

commerce includes the power to fix railroad rates, that the power to

establish post-offices includes the power to punish those who use the

mails for a fraudulent purpose, and so on. It has been the function of

the court to make the words spell out new meanings to fit new

situations. One cannot today obtain an adequate knowledge of what these

words and phrases mean by merely reading the document; it is necessary

to go through the decisions of the Supreme Court and find out just how

this great tribunal has interpreted them.

[Sidenote: 3. Statutes.]

The constitution has been developed by law. Many things were left in

general terms in order that the details might be settled by Congress or

by the state legislature. Nothing is said in the constitution about the

organization or procedure of the federal courts. All this has been built

up by laws. Nor is anything said about the method of nominating

congressmen, or the form of the ballot, or the duties of election

officials. That, too, is arranged by law. Much of what we call the

machinery of American government today rests upon ordinary laws which

can be changed by Congress or the state legislatures at any time.

[Sidenote: 4. Amendments.]

Finally, the constitution can be changed, and on nineteen matters has

been changed by amending it. The constitution provides four possible

methods of making and ratifying amendments,—two of initiating and two of

ratifying. These various ways are stated in the document (Article V)

more briefly and more clearly than they can be recapitulated here. But

every one of the amendments thus far made has been proposed and adopted

in one and the same way, namely, proposal by Congress and ratification

by three-fourths of the state legislatures. [Sidenote: Method of making

amendments.] The other plan of proposing amendments, that is by calling

a constitutional convention, would open the gates for a general revision

or for the submission of an entirely new constitution, which is

something that public opinion has not yet seemed to favor. If, however,

Congress should at any time endeavor to thwart the will of the people by

declining to propose an amendment strongly demanded by public opinion

its hand could be forced by resort to the convention method.

[Sidenote: Nature of the nineteen amendments.]

=The Nineteen Amendments.=—Of the nineteen amendments which have been

made since the constitution went into force, the first ten were added in

1791. When the convention of 1787 finished its work and sent the

document to the states for their approval there was a chorus of protest

because no Bill of Rights had been included. “Where are there in this

document”, the objectors cried out, “any provisions guaranteeing us free

speech, trial by jury, freedom of the press, and the other securities

against oppression?” The reply was that the people needed no guarantees

against their own government but only against governments imposed upon

them from outside. But this explanation did not satisfy, and assurance

was given that if the constitution were adopted in its original form a

Bill of Rights would be added. The first ten amendments represent the

keeping of that pledge. The last of these amendments is of particular

importance in explicitly proclaiming that all powers not given to the

national government by the constitution, or prohibited to the states,

are reserved to the states, respectively, and to the people.

The latest nine amendments require little comment although some are of

great importance. Three of them, the thirteenth, fourteenth, and

fifteenth, were needed to make permanent the results of the Civil War.

One of these, the fourteenth, contains provisions, relating to the

rights of citizens, which have been given a wide application and have

been the cause of a great deal of litigation before the Supreme Court.

Intended to protect the negro they have been used, in large measure, to

secure for business corporations the equal protection of the laws. As

for the negro he has gained very little from amendments which were

primarily made for his benefit. The fifteenth amendment was intended to

secure him the right to vote; but in many of the states it has not

succeeded in doing so. The two latest amendments, namely, the

eighteenth, which established national prohibition, and the nineteenth,

which provides for woman suffrage, have both been ratified since the

World War.

Twenty years ago it was commonly urged that the process of amending the

constitution ought to be made easier. It was pointed out in those days

that no amendment had been made for more than a generation. But the

adoption of four amendments during the past ten years seems to indicate

that when the people demand an amendment the process of getting it is

not too difficult. In each of these instances there was a strong popular

demand.

=Why Men Honor the Constitution.=—Americans have a great respect for the

constitution of their country even though many of them would like to see

some changes made in it. And why should they not honor it? Its reign has

been long in the land. No king ever ruled his people so long or kept

faith with them so well. Under it the country has waxed great and

prosperous; the government which it established has become increasingly

democratic in form and in spirit; it has grown strong enough to protect

its citizens at home and abroad, and it has become the model upon which

several other governments of the world have been patterned.

It is easy enough to pick flaws in the constitution of the United

States—or in the constitution of any country for that matter—but where

are the Washingtons, Madisons, and Hamiltons of today whom we would

trust with the task of making a better one? During the past few years a

dozen countries of the world have framed new republican

constitutions,—Germany, Austria, Poland, Czecho-Slovakia, and so on.

They have had the experience of an additional century to draw upon and

the combined political wisdom of the world at their disposal. Is there

any constitution in this list which the rank and file of the American

people would prefer to their own? You can pick a line out of

Shakespeare, here and there, and improve upon it. But when it comes to

improving upon the whole of Shakespeare’s work,—ah, that is quite a

different proposition.

General References

JAMES BRYCE, _The American Commonwealth_, Vol. I, pp. 15-31; 360-410

(Abridged Edition, pp. 224-284);

CHARLES A. BEARD, _American Government and Politics_, 3d edition, pp.

1-77; _Ibid._, _Readings in American Government and Politics_, pp. 1-69;

_Ibid._, _History of the United States_, pp. 139-161;

EVERETT KIMBALL, _National Government of the United States_, pp. 1-46;

W. B. MUNRO, _The Government of the United States_, pp. 1-70; _Ibid._,

_Selections from the Federalist_, pp. 1-17; 56-86;

MAX FARRAND, _The Framing of the Constitution of the United States_,

especially pp. 42-67.

Group Problems

=1. The means of securing co-operation among states and men as

illustrated by the American government before, during, and after the

Revolution.= The obstacles to union. The cohesive forces. The influence

and nature of leadership. Historical analogies in other parts of the

world. The problem of forming a league of states compared with that of

forming a league of nations. =References=: WOODROW WILSON, _The State_,

pp. 267-298; JOHN FISKE, _The Critical Period_, pp. 50-89; MAX FARRAND,

_The Framing of the Constitution_, pp. 65-112; A. C. MCLAUGHLIN,

_Confederation and the Constitution_, pp. 35-52.

=2. The Declaration of Independence: its origin, its importance, and an

analysis of its political principles.= =References=: C. H. VAN TYNE,

_The American Revolution_, pp. 50-87; JOHN FISKE, _The American

Revolution_, Vol. I, pp. 147-197; _The Madison Papers_, Vol. I, pp.

19-27; H. FRIEDENWALD, _The Declaration of Independence, an

Interpretation and Analysis_, pp. 121-151.

=3. From what sources did the framers of the constitution borrow their

ideas?= =References=: C. E. STEVENS, _The Sources of the Constitution_,

pp. 35-116; J. H. ROBINSON, _The Original and Derived Features of the

Constitution_, pp. 203-210; S. G. FISHER, _The Evolution of the

Constitution_, pp. 11-25.

=4. How the constitution has developed.= =References=: JAMES BRYCE, _The

American Commonwealth_, Vol. I, pp. 360-410; W. B. MUNRO, _Government of

the United States_, pp. 57-70; C. G. TIEDEMAN, _The Unwritten

Constitution of the United States_, pp. 16-53.

Short Studies

1. =The spirit of America.= WOODROW WILSON, _History of the American

People_, Vol. II, pp. 98-126.

2. =How England controlled the Colonies.= G. C. LEWIS, _The Government

of Dependencies_, pp. 189-240.

3. =The New England Confederation.= EDWARD CHANNING, _History of the

United States_, Vol. I, pp. 414-436.

4. =The Stamp Act.= EDWARD CHANNING, _History of the United States_,

Vol. III, pp. 46-79.

5. =The Articles of Confederation.= C. H. VAN TYNE, _The American

Revolution_, pp. 175-202.

6. =The weakness of the Confederation.= JOHN FISKE, _The Critical Period

of American History_, pp. 90-133.

7. =The personnel of the constitutional convention.= MAX FARRAND, _The

Framing of the Constitution of the United States_, pp. 14-41.

8. =The difficulties which confronted the convention.= _The Federalist_,

No. XXXVI; (in W. B. MUNRO, _Selections from the Federalist_, pp.

109-116; also in C. A. BEARD, _Readings on American Government and

Politics_, pp. 44-47).

9. =Contemporary objections to the constitution.= A. C. MCLAUGHLIN,

_Confederation and the Constitution_, pp. 277-281; 287-288; P. L. FORD,

_Pamphlets on the Constitution of the United States_, especially pp.

3-23.

10. =The political ideas of the Fathers.= H. J. FORD, _Rise and Growth

of American Politics_, pp. 17-34.

11. =Outstanding features of the constitution as a document.= W. B.

MUNRO, _Government of the United States_, pp. 44-56.

12 =How amendments are made.= C. A. BEARD, _Readings in American

Government and Politics_, pp. 56-61.

Questions

1. Show how the form of government established by England in the

American colonies compares with the form of government maintained by the

United States in Alaska, Hawaii, and Porto Rico today.

2. In what respects did the colonies differ from one another and in what

respects were they pretty much alike?

3. Make a critical examination of the four great political principles

enunciated in the Declaration of Independence. How would you apply them

today in the case of (_a_) Ireland; (_b_) the Philippines; (_c_) India?

4. Name the chief weaknesses of the Confederation.

5. Who is commonly called the “Father of the Constitution”? Does he

deserve this title, and if so, why?

6. Read the constitution carefully and then answer the following

questions, “yes” or “no,” pointing out the provision on which you base

your answer: (_a_) Must the Vice President be a natural-born citizen?

(_b_) May an American citizen accept a foreign order of nobility? (_c_)

May any one who is not a citizen vote at presidential elections? (_d_)

May Congress pass a law impairing the obligations of contracts? (_e_)

May the President and Vice President both be residents of the same

state? (_f_) May the President pardon a person convicted of treason? May

he pardon a federal official convicted of bribery?

7. What did you find in the constitution that you did not expect to find

there? What did you expect and fail to find? What seems to you to be the

most important section of the whole document?

8. Explain the procedure by which the constitution may be amended.

Classify the nineteen amendments into four groups and give a general

title to each group.

9. Give some examples of constitutional development (_a_) by law; (_b_)

by usage; (_c_) by judicial interpretation.

10. If we were to revise the entire constitution today what changes

would probably be made?

Topics for Debate

1. A national convention should be called to revise the constitution.

2. The process of amending the constitution should be made easier.

Social Civics · 第 13 / 32 章