V

CONSTITUTIONAL GOVERNMENT

Introductory. A government may have all the characteristics thus far described, it may be democratic in form and spirit, it may be thoroughly representative, it may have the three branches clearly separated, and still there may be no guarantee that civil liberty will be permanently enjoyed. For representatives are liable to abuse power, and majorities, like individuals, in moments of excitement and passion are liable to choose a wrong or unjust course of action. Can there be ordained a power that will lay hold of our lawmakers and judges and governors and say to them, "Thus far you may go, and no farther." Can the people place before themselves an obstruction to hasty and unwise action? Is there a political contrivance that will protect citizens from both the tyranny of rulers and from the injustice of majorities? We may let our own experience answer these questions.

Charters. At the time when the English people were battling for their liberties in the seventeenth century, colonies of Englishmen were forming in America, and all the rights and privileges won in the mother country were claimed by those who came to the new world. Indeed many left England that they might enjoy a larger freedom in America. The new comers were careful from the beginning to throw every safeguard around their rights as Englishmen. Each colony had a written document called a charter, which described the kind of government it was to have, and the privileges it

was to enjoy. The charter of Connecticut is especially interesting to students of government. In 1639, three little towns along the Connecticut River joined to form the colony of Connecticut. The people of the colony framed an outline of the kind of government they wanted, and the plan, having been accepted by the king, remained the fundamental law of Connecticut until 1818. This is the first example in the history of the world of a government being successfully conducted according to the words of a written document.

The colonial charters, whether granted directly by the king-as most of them were-or prepared by the people, were pledges of the good faith of the home government, and as such they were held in the highest esteem by the colonies. A colony looked upon its charter as the written guarantee of its liberties, just as an owner of property looks upon his deed as giving him a title to his house or farm. When the king or his officers became oppressive or unjust the people pointed to their charter as their defense. Upon one occasion the king, wishing to deprive Connecticut of its rights, sent an officer after its charter, but the people frustrated the plan by hiding the precious document in the hollow of a tree. They felt that as long as they could keep their charter they were safe.

Under their charters the colonies grew and prospered, each colony developing in its own way and making its own laws. Each colony was independent of all the others, but all were dependent upon Great Britain. Since the charters were not all alike, the several governments of the colonies differed from each other, but since the charters all issued from the same source, and since the laws of England applied to all the colonies alike, the government of one colony could not differ very widely from that of another.

Constitutions. When the colonies separated from Great Britain and became independent States the old charters of course lost their validity, for there was no king to stamp

them with authority. The people saw at once that they must be their own king and make their own charters. As rapidly as possible each of the new States drew up for itself a charter which recognized the people as the source of authority in government. A new name was given to this new instrument. Instead of its being called a charter it was called a constitution. This constitution was to be the foundation plan and framework upon which the governmental structure was to be built. Of course each new constitution was quite similar to the charter which it supplanted. For a State to have planned for a government quite unlike the one to which the people were accustomed would have been to commit a grave political error. A government that is new and strange is not likely to receive the confidence and respect of the people, no matter how wise and beneficent may be its provisions. The statesmen of 1776, therefore, made the new State constitutions conform as closely as possible to the colonial charters. Connecticut and Rhode Island experienced no change at all in passing from colony to State. They simply substituted the word "people" for the word "king" in their charters, and these became their constitutions.

After they had established their independence the States. found that it was necessary to unite and form a central government. The powers of this central government were expressed in the Constitution of the United States. The history and nature of this great document will be given hereafter. It is sufficient here to say that the Constitution' of the United States is our fundamental law. We have had occasion to refer to it heretofore, and throughout our work we shall refer to it constantly, and as we advance we shall learn more and more of its authority and influence in our political life.

Each of the States that have been admitted into the Union under the Constitution (118) has followed the example of the original States, and has framed a constitution for 1 In this book when the word "constitution" begins with a capital letter the Constitution of the United States is meant.

itself. Every State, therefore, and the United States as well, has a written constitution as its fundamental law. Cities likewise are governed by charters (p. 75) which in some respects are like written constitutions. Thus government in America is everywhere conducted according to the written word; it is everywhere constitutional.

General Features of a Constitution. The special provisions of constitutions will receive notice from time to time as we proceed. At present it is necessary to call attention only to their broad features. The strong resemblance which the forty-five constitutions of the States bear to one another and to the Constitution of the United States makes it possible to describe all in outline by describing one in outline. The essentials of a constitution are:

(1) A preamble (1) stating the general purpose for which the government is instituted.

(2) A Bill of Rights guaranteeing to the people republican principles of government, personal security, private property, freedom of conscience, freedom of speech and of the press, and other fundamental rights of citizenship.

(3) Provisions for the organization of the three departments of government, and a description of the powers to be exercised by each.

(4) Miscellaneous provisions relating to such topics as corporations, public debt, education, taxation, suffrage, amendments, revisions.

(5) A schedule describing how and when the constitution shall go into effect.

How Constitutions obtain their Authority. The first American constitutions were promulgated in the name of the people, yet they were not as a rule the direct creations of the

people. The statesmen of 1776 did not have a very strong faith in the wisdom of the people, and were not quite willing to submit a fundamental law to a popular vote. As democracy grew more fashionable, and as the people came to be more fully recognized as the real masters of government, the custom of submitting constitutions to voters for their approval became general. At the present time a constitution is usually ratified by the people at the polls before it is put into operation. This popular ratification clothes the constitution with all the authority that a law can possibly have, for it is a law passed by the people themselves acting as legislators. A constitution, therefore, is a solemn and deliberate expression of the popular will, and as such it is a fixed, permanent law which all the branches of a government must obey. If the legislature should pass a law conflicting with the provisions of the constitution, such a law would cease to have effect if it should be tested in the courts and should be declared unconstitutional; and if a judge or the executive should act in violation of the constitution, such action would be illegal and possibly punishable.

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The Amendment and Revision of Constitutions. Although a constitution is a fixed, unchanging law, it may not remain unchanged and unchangeable forever. A provision in a constitution which was wise and just fifty years ago may be harmful now. Every constitution recognizes this fact, and provides for making changes, when these may seem necessary. These changes or amendments are effected in various ways, the usual procedure being as follows: the amendment that is thought to be desirable first passes the legislature of the State and is then submitted to the people for their approval. If it receives the required number of votes-frequently a majority of all the votes of the State is necessary-it becomes a part of the constitution. An amendment, it will be seen, is simply a law passed by the 1 For the subject of amendments to the Constitution of the United States, see page 53.