munities, began in the common consent of the colonists, of whom they were composed, and, at the Revolution, they came into being, as independent political societies, not more by their deliverance from the English crown, than through the tacit acceptance of them, by their members, as the States to which they respectively belonged. Even though no precise act could be designated as the formation of such States by their people, yet the fact that the people of each State, by adopting the Federal Constitution, stripped their State of its chief attributes of sovereignty, and lodged them in another political society, would demonstrate that the individual State, as well as the United States, regards its organization as derived from the common consent of its members, and that it owes to them all its prerogatives and powers. The formation of those States, which, since 1789, have been created within the territories of the United States, and the mode and conditions of their organization, and admission to the Union, are still clearer illustrations of the same theory. Read Federalist, No. xxxix-xlvi. Jameson Const. Conv., §§ 27-51, 125–216. Frothingham Rise Rep., pp. 13-32, 104, 403-610. Const. U. S., Preamble. Cooley Const. Lim., pp. 5-11, 21-28. Cooley Const. Law, pp. 1-19, 169–177, 194–198. 1 Story Const., §§ 207-280, 306–372, 457-517. § 347. Of the Dissolution of the State. A political society, which derives its existence from the common consent of its members, may, by the same consent, be re-organized or dissolved. The people of the United States thus have the right to modify its fundamen tal law, to change the character of its government, or even to abolish it altogether. The people of the individual States have the same power over their organization, though subject to the limitations voluntarily accepted by them, in their adoption of the Federal Constitution. Such act, however, must be the act of the whole people, not of any fractional part thereof; and the whole people act, only when such change or abolition is made in the manner previously provided by law, or where all actually unite in the measures which modify or overthrow the state, or when those, who have withheld themselves from active participation in such measures, submit, either willingly or unwillingly, to the result. Read Vattel, B. i, §§ 32-36. 2 Burlamaqui, pp. 90-97. Cooley Const. Lim., pp. 28-34, 598. § 348. Of the Supreme Power of the People. 66 The state is thus, in the American idea, entirely in the hands of the people. It derives all its just powers from the consent of the governed. It exists only to secure to its subjects the enjoyment of their inalienable rights; and when it fails to protect, or becomes destructive of, those rights, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." This idea lies at the foundation of every correct interpretation of American public law, whether it be the law of public rights or the law of public wrongs, and must especially be regarded in comparing the public law of other nations with our own, and in attempting to apply to American institutions, or the American people, the principles which regulate and govern foreign states. Read Declaration of Independence. Jameson Const. Conv., §§ 54-62. § 349. Of the Functions of the State. Government. The functions of a state are of three kinds: Legislative; Executive; and Judicial. In discharge of its legislative functions, the state makes law. In discharge of its executive functions, it enforces law. In discharge of its judicial functions, it interprets and applies law. The exercise of these three functions is government; and the persons or bodies, by whom they are exercised, taken collectively, are sometimes called the government. Read 1 Bl. Comm., pp. 146–149, 154, 155, 160, 161, 266– 270. 2 Burlamaqui, pp. 51-54. 1 Wilson, pp. 394-411. Cooley Const. Law, pp. 43-45. § 350. Of the Government of the United States. In ancient times, as in most countries in our own day, these three functions were centred in one man, or body of men, who thus became the supreme ruler of the state. But in the United States, and in each individual State, the legislative, executive, and judicial powers are separated from each other, and lodged in persons, or in public bodies, who are entirely distinct from one another, and, at the same time, are so constituted that each shall serve as a salutary restraint upon the others. All these persons and public bodies are representatives of the people, are chosen by the people, and are answerable to the people for any breach of duty, or abuse of power. Read 1 Bl. Comm., pp. 49–52. 2 Burlamaqui, pp. 41-45, 55–73. § 351. Of the Legislative Function. The legislative function, in the United States, is exercised by Congress, and, in the individual States, by their respective legislatures. Both Congress and these State legislatures are again divided into two bodies or houses, each of which has its separate powers and duties, but yet can make no law without the sanction of the other. These houses can exercise their legislative powers, only when in actual and lawful session. Read Federalist, No. lii-lxvi. 2 Wilson, pp. 122–181. 1 Kent Comm., Lect. xi. Walker Am. Law, §§ 30–37. Cooley Const. Lim., pp. 85-92, 115–136. Cooley Const. Law, pp. 45-51. 1 Story Const., §§ 545-570. § 352. Of the Executive Function. The executive function is exercised by the President of the United States, and by the Governors of the individual States. Each has control over the military resources of his state, and is bound to use them, whenever it is necessary in order to enforce the law. Each has the power to veto any measure of the legislature, and thereby compel it to reconsider, and either repeat or rescind, its action. Each also has a power, differently limited in different states, over the reprieve or pardon of convicted criminals. These powers belong to the executive, as such, and are derived, not by delegation from a superior authority, or by any legislative act, but from the constitution and organization of the state itself, and cannot be usurped or modified by either of the other branches of the government. Read Federalist, No. xlvii-lxxvii. Walker Am. Law, §§ 38-43. Cooley Const. Lim., pp. 11, 115, 116, 153–155. 2 Story Const., §§ 1410-1572. § 353. Of Subordinate Executive Officers. Certain subordinate executive functions are exercised by other officers, either in pursuance of some legislative enactment, or in obedience to some mandate of judicial or executive authority. Such officers are marshals, sheriffs, jailers, constables, and others, by whatever name they may be known, whose duty it is to execute and enforce the laws. Read 1 Bl. Comm., pp. 339–349. 1 Kent Comm., Lect. xiv, pp. 309–311. 1 Abbott U. S. Prac., pp. 268, 269. § 354. Of the Judicial Function. The Supreme Court. The judicial function is exercised by the courts of the United States, and of the individual States. The courts of the United States are three: the Supreme Court; the |