Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

NATURE OF THE CONSTITUTION.

The Constitution 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 Constitution. It is the basis of our system of government, the model upon which all State constitutions 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 Constitution 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 Washington, 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 "Constitution for the United States of America."

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

NECESSITY.--The necessity for a written national constitution is readily seen. The preamble states the purposes of the Constitution, which are also the purposes of the national government. The Constitution 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 Constitution, the people, who are the sources of all just authority, grant to the government certain powers, and reserve all other powers to themselves. The Constitution 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 Constitution 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 Constitution.

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 Constitution."

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 Constitution. 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 Constitution, 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 Constitution 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 constitutions 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 constitutionality 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.