Elements of Civil Government Part 13

_c_. "To be confronted with the witnesses against him;

_d_. "To have compulsory process for obtaining witnesses in his favor;

_e_. "And to have the a.s.sistance of counsel for his defense."

(9) "In suits at 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."

(10) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

(11) "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."

(12) "The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude."

(13) "The enumeration in the Const.i.tution of certain rights shall not be construed to deny or disparage others retained by the people."

ALIENS.

Aliens are subjects of foreign governments. They are not citizens of this country, and, in general, have no right to take part in its political affairs. Throughout the Union aliens have full social and moral rights; in some States their property rights are restricted; and in a few States they have certain political rights.

NATURE OF THE CONSt.i.tUTION.

The Const.i.tution of the United States is the supreme law of the whole land. It is a written instrument, and is often called the fundamental law.

Neither the laws of any State nor the laws of the United States must conflict with the Const.i.tution. It is the basis of our system of government, the model upon which all State const.i.tutions are framed, and the foundation of our greatness as a people. It defines the limits of the national government, and enumerates the powers of each of its departments. It declares what public interests are within the scope of the national government, reserves certain powers to the States, and provides that neither State nor nation shall enact certain specified laws.

FORMATION.--The national Const.i.tution was framed by a convention of delegates from twelve of the thirteen original States, Rhode Island alone being unrepresented. The convention was called for the purpose of revising the Articles of Confederation under which the States were at the time united.

The convention met at Philadelphia, on Monday, May 14, 1787, and organized on the 25th day of the same month by electing as its president George Was.h.i.+ngton, one of the delegates from Virginia. The Articles of Confederation were readily seen to be inadequate to the purposes of a national government, and the convention proceeded to draught a "Const.i.tution for the United States of America."

The convention completed its labors, submitted the Const.i.tution to the several States for their ratification, and adjourned on the 17th of September, 1787. All the States ratified the Const.i.tution, the last being Rhode Island, whose convention, called for the purpose, pa.s.sed the ordinance of ratification, May 29, 1790.

NECESSITY.--The necessity for a written national const.i.tution is readily seen. The preamble states the purposes of the Const.i.tution, which are also the purposes of the national government. The Const.i.tution defines the limits of State and of national power, and thus prevents conflicts of authority which would otherwise arise between the State and the United States. Through the Const.i.tution, the people, who are the sources of all just authority, grant to the government certain powers, and reserve all other powers to themselves.

The Const.i.tution prescribes the functions of each department of the government, and thus preserves the liberties of the people by preventing either Congress, the executive department, or the judiciary from exercising powers not granted to it.

AMENDMENT.--The Const.i.tution prescribes two methods by which it may be amended:

1. By a two thirds vote of both houses Congress may propose to the several States amendments to the Const.i.tution.

2. Upon the application of two thirds of the States, Congress shall call a convention of delegates from the several States for proposing amendments.

An amendment proposed by either method, "when ratified by the legislatures of three fourths of the States, or by conventions in three fourths thereof, shall be valid to all intents and purposes as a part of this Const.i.tution."

Twenty-one amendments have been proposed by Congress, and seventeen of these have been ratified by three fourths of the State legislatures, and have become parts of the Const.i.tution. The other four proposed amendments were rejected. Congress has never called a convention to propose amendments, and no State has ever called a convention to consider those amendments proposed by Congress.

DEPARTMENTS.--The functions of each branch of government are carefully marked in the Const.i.tution, and the people and their representatives jealously guard the rights of each department. They believe that the duties of the law-making power, those of the law-enforcing power, and those of the law-explaining power can not be too clearly separated. If the same officers could make the law, enforce the law, and explain the law, there would be no limit to their authority, and therefore no security to the people.

The framers of the Const.i.tution were wise men; they had seen the abuse of power by Great Britain while the colonies were under her sway, and they determined to guard the liberties of the people by forever separating the legislative, the executive, and the judicial functions.

Their example has been followed in the const.i.tutions of all the States.

The President has no right to interfere with the decisions of the courts, and, except by his veto, can not interfere with the action of Congress.

Congress can not question the decisions of courts, nor can it interfere with the legal actions of the President, except that the Senate may refuse to confirm his appointments to office.

Even the Supreme Court of the United States can not call in question the official acts of the President, so long as he conforms to the law; nor has it any power over the acts of Congress, except merely to decide upon the const.i.tutionality of the laws when they are properly brought before it.

While, therefore, Congress and the President have some remote influence upon the actions of each other, neither has the slightest right to invade the functions of the Supreme Court, or of any other court, even the humblest in the land.

SUGGESTIVE QUESTIONS.

1. Why do foreigners become naturalized?

2. What is a t.i.tle of n.o.bility?

3. What officer of a State makes requisition for the delivery of a criminal held by another State?

4. When was slavery abolished in the United States?

5. What is the purpose of a militia force?

6. What is a capital crime?

7. Why is the accused ent.i.tled to a speedy and public trial?

8. Why is the Const.i.tution called the fundamental law?

9. Read in the history of the United States the account of the formation of the Const.i.tution.

10. How many States were needed to ratify the Const.i.tution in order that it might go into effect?

11. Read the amendments to the Const.i.tution.

12. Can you name any proposed amendments that have been recently advocated?

QUESTION FOR DEBATE.

_Resolved_, That a written const.i.tution is best for a free country.

CHAPTER XII.

THE UNITED STATES--(Continued).

LEGISLATIVE DEPARTMENT.