The Short Constitution

c. Federal legislation governing both marriage and divorce

Chapter 42,160 wordsPublic domain

throughout the Nation.

d. Federal jurisdiction over all cases affecting foreigners—for example in instances like the Italian riot in New Orleans, or in the Japanese problem on the Pacific coast.

101 The following is a brief outline of the various attempts at union among the colonies.

(a) 1643-1684—New England Confederation: Massachusetts Bay; Plymouth; Connecticut; New Haven. (b) 1684—Albany Council. (c) 1690—First Colonial Congress. (d) 1696—William Penn’s Plan. (e) 1701—Robert Livingston’s Plan. (f) 1722—Plan of Daniel Cox. (g) 1754—Plan of Rev. Mr. Peters. (h) 1754—Plan of the Lords of Trade. (i) 1754—Albany Plan. (j) 1765—Stamp Act Congress. (k) 1774—First Continental Congress. (l) 1775—Second Continental Congress. (m) 1781—Congress of the Confederation. (n) 1787—The Federal Convention. (o) 1789—The New Government.

The chief reasons keeping the colonies apart were:

1. Natural geographical divisions—North, Middle, and South. 2. The great differences in size—Virginia many times larger than Rhode Island. 3. The instinct of local self government. 4. Character of settlers and the motives in making settlements. 5. The slave question, especially after 1750. 6. Their different forms of government—Royal, Proprietary, Charter.

The very first attempt at constitution making in the colonies was the Mayflower Compact, adopted on board the ship Mayflower before landing on December 20, 1620. It reads as follows: “We, whose names are underwritten, the loyal subjects of our dred soveraigne King James, by the grace of God, of Great Britain, France and Ireland King, defender of the faith, etc. having undertaken, for the glory of God, and advancement of Christian faith and honor of our king and country, a voyage to plant the first colony in northern parts of Virginia, do, by these presents, solemnly and mutually, in the presence of God, and of one another, covenant and combine ourselves together into a civil body politic, for, our better ordering and preservation and furtherance of the ends aforesaid; and, by virtue hereof, to enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony. Unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names, at Cape Cod, the 11th of November, in the year of the reign of our sovereign lord, King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Domini.”

The first real attempt at formal constitution making was the “Fundamental Orders of Connecticut”, 1639. These “Orders” formed an elementary constitution with three departments of government and the duties and powers of each department fairly well set forth. The Fundamental Orders are frequently referred to as the first written constitution in America.

The Articles of Confederation were made by the _thirteen States_ in the name of the _States_. The Constitution was made by the _delegates of the people_ in the name of the _people of the United States_. The first was a _compact_ or friendly agreement; the second was a _contract_ or binding union.

102 Great modifications have been made in nearly all of the State Constitutions, an excellent analysis of which may be found in Bryce’s _American Commonwealth_ (Third Edition), Vol. I, p. 443.

103 Since the alliance of the original thirteen States, thirty-five have been admitted into the Union by acts of Congress either directing the people to select delegates and enact a Constitution or accepting a Constitution already made by the people. An illustration of the former method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing for the admission of North Dakota, South Dakota, Montana, and Washington into the Union, and of the latter in 26 U. S. St. at L. 215 c 656; 222 c 664, providing for the admission of Idaho and Wyoming. “Of these instruments (State Constitutions), therefore, no less than of the Constitutions of the thirteen original States, we may say that although subsequent in date to the Federal Constitution, they are, so far as each state is concerned de jure prior to it. Their authority over their own citizens is nowise derived from it.”—Bryce’s _American Commonwealth_ (Third Edition), Vol. I, p. 431.

104 “A constitution is an instrument of government, made and adopted by the people for practical purposes, connected with the common business and wants of human life. For this reason pre-eminently every word in it should be expounded in its plain, obvious and common sense.”—Per Allen J., in Peo v. New York, Cent. R. Co., 24 N. Y. 485, 486.

105 Legislatures cannot change Constitutions. “I consider the people of this country as the only sovereign power. I consider the legislature as not sovereign, but subordinate; they are subordinate to the great constitutional charter, which the people have established as a fundamental law and which alone has given existence and authority to the legislature.”—Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._ 20, 86.

106 “Some of the state constitutions provide for periodically submitting to the voters the question whether a convention shall be called to revise and amend the constitution. Regardless of whether or not provision is made for periodical resubmission of the question of calling a convention, the constitutions usually provide that the legislature may, of its own volition, submit to a vote of the people the question whether a convention shall be called, and subject to any existing constitutional limitations, may prescribe the time and manner of electing delegates to such convention.”

107 Teachers and school officers can perform no higher duty, can render no greater service to America, than to encourage the use of school buildings for public gatherings. They should be real community centers. In the city of Minneapolis, the Superintendent of Schools has recently reported that for the year ending July 1st, 1920, there were 5070 meetings held in the public school buildings, with a total attendance of 325,734 persons. There were 1434 cultural meetings, 751 civic sessions, 2501 recreative gatherings, and 334 social festivals. Rural consolidated school buildings ought always be planned for civic centers as well as school-houses. They ought to provide a large assembly hall where community gatherings may be held. They ought to provide a large and well equipped gymnasium where both children and adults may enjoy athletic contests and indoor games. These buildings ought to be open to the people every evening during the week if the attendance warrants.

108 One mark of good citizenship is the respect shown to emblems of authority. All good citizens rise to their feet and remain standing during the playing or singing of the National anthem. We ought to cultivate such habits until they become reflex: i. e. until we do them as a matter of course without being told by the teacher in school or by the leader of the choir or some other person.

Every school boy and girl ought to commit to memory the words of the Star Spangled Banner and of America. The teacher can make the singing of patriotic songs and the learning of patriotic poems and speeches a part of the opening exercises of the school. Poems and speeches learned in childhood will generally remain with us throughout life.

109 Radicalism of thought and action can generally be traced to the segregation of the people into small groups where the individual is alone in his thinking. Association and cooperation tend to break up individualism. Where men and women come together in thought and consideration, there is always developed a tendency toward moderation. Our present day complex society demands that every individual yield something for the good of the whole community. The yielding process is a moderating process. Anarchy stands for the division of society into individuals where each individual becomes selfish and dominating over others around him. Loyalty to the Nation and the State requires that the individual shall coöperate with his neighbor and that he shall work in harmony with other people in the community. If people would more often assemble and discuss the needs of the entire community and how each may help to make the entire community better, we would have less of class distinction and more of social harmony and of economic prosperity.

110 Republican government is government by the people through their chosen representatives. Republican government can only be good government and effective government, when every qualified voter will assume his full duty in helping carry on the government. This duty is exercised through the casting of an intelligent ballot on election day. In the presidential election of 1908 the percentage of qualified voters actually voting ranged from 15.8 per cent to 88.1 per cent, the average for all States being 60.5 per cent.

111 In colonial times in America there was nothing like universal manhood suffrage. One-half of all the colonies required church membership for a suffrage right. By about 1700 all colonies required ownership of property for voting. This was not entirely abolished until about 1850. The State of Rhode Island still requires property to the extent of $134 for voting in municipal elections.

The colony of Virginia required the holding of a freehold of fifty acres of land without a house, or twenty-five seres of land with a house at least twelve feet square. Pennsylvania required a freehold of fifty acres with twelve acres improved.

In most colonies a greater property qualification was required for voting for members of the upper house of the legislature than for members of the lower house.

Several colonies and early States limited office holding to Protestants.

The Constitution of the United States now declares that no State shall deny to any person the right to vote because of _race_, _color_, or _previous condition of servitude_, or _because of sex_. The Nineteenth Amendment enables women to vote on an equality with men.

A State may add further qualifications for voting, but no State may deny the right to vote for any of the above reasons. Several States have added literacy tests for voting, and others have denied the right to vote to such as are insane or who have been convicted of crime, unless pardoned by the Governor. A few States deny suffrage to those whose taxes are delinquent.

112 The following countries of the world have equal suffrage: New Zealand, 1893; South Australia, 1895; West Australia, 1900; The Australian Federation, 1902; New South Wales, 1902; Tasmania, 1904; Queensland, 1905; Finland, 1906; Victoria, 1908; Alaska, 1913; Norway, 1913; Manitoba, 1916; Alberta, 1916; Iceland, 1913; Denmark, 1915; England, Scotland, Ireland, 1917; Sweden, 1918; Holland, 1919; Luxemburg, 1919; Germany, 1919; Austria, 1919. In no other country in the world is the right of suffrage more fully granted than in the United States since the adoption of the Nineteenth Amendment.

113 “Any government is free to the people under it (whatever be the frame) where the laws rule and the people are a party to those laws.”—William Penn.

114 “It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people and answerable to the people.”—Daniel Webster.

115 “In truth success cannot be expected from any system of government unless the individuals who compose the State entertain the respect for the personal rights and liberties of all.”—David Jayne Hill.

116 “We cannot, we must not, we dare not, omit to do that which, in our judgment, the safety of the Union requires.”—Daniel Webster.

117 “Americanization always implies obligation; free choice determines its acceptance, and its extension must come through avenues of intelligent comprehension rather than through physical or governmental domination.”—Winthrop Talbot.

118 “The fundamental evil in this country is the lack of sufficiently general appreciation of the responsibility of citizenship.”—Theodore Roosevelt.

Teachers of children may well place greater emphasis on _ideals_, _character_, and _personality_ as factors in the making of a Nation. Teachers ought to lay greater stress on biography in the teaching of history, civics, and citizenship. Teach children both to know and to love Washington, Lincoln, and Roosevelt. Teach older pupils and students to realize that the aims, ideals, and achievements of a Nation can never be higher than the aims, ideals, and achievements of the individuals comprising that Nation. To know the lives and characters of America’s great men and women is to know American history, for they made American history what it is. Young people enjoy the study of great characters. We all retain a love for heroes and heroines however old we grow. Such study adds color and life to history and government and humanizes the entire subject. Teach lives and institutions rather than mere facts. Inculcate into the lives of boys and girls, and of men and women, a love for our country, for the men and women who made it, and for the institutions in which they have a part. Teach them that patriotism and loyalty are not duties only, but are rather the highest privileges given to the people of a republic.