Constitution.
When the colonies became independent states each state drew up a charter which recognized its people as authority in government. Instead of calling this new instrument a charter they changed the name and called it a "Constitution."
This Constitution is the foundation upon which our government is built. After the thirteen original colonies had established their independence they formed a central government known and expressed in the Constitution of the United States which is our fundamental law.
In the preamble of the Constitution of the United States we find the general purpose for which government is instituted:
"We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
The Constitution of the United States is our fundamental law and no state constitution can conflict with our Federal Constitution.
There are now forty-eight states in the United States with forty-eight constitutions framed upon the Federal Constitution. Each state has its own constitution, which in no way conflicts with the Federal Constitution.
The first Constitution of Kentucky was adopted April 3, 1792, at a convention that met in Danville, and later on June 1st, 1792, Kentucky was admitted into the union as a state.
Our government is conducted according to our National and State Constitutions.
In every constitution there is a provision for making a change. These changes are called amendments. An amendment is a law passed by the General Assembly and adopted by a majority of the voters.
An amendment to the Kentucky Constitution requires a three-fifths vote of the members in both houses of the legislature to pass, and then it is submitted by the General Assembly to the voters of the State, which requires a majority of the voters to be adopted.
The legislature cannot repeal an amendment to the Constitution, or pass laws contrary to its provision. The session of nineteen and twenty in Kentucky passed two amendments pertaining to school matters. One provides for the appointment of the Superintendent of Public Instruction by the Governor, and the other amendment provides: "That the General Assembly have the power to distribute the school funds."
At the next general election we will vote on these two amendments. If the majority of the voters vote yes, this change will be made, and the General Assembly will have the power to distribute the school funds and the Governor will appoint the Superintendent of Public Instruction.
The Federal Constitution may be amended by two-thirds vote of each House of Congress, and if passed must be referred to the state legislatures for ratification.
The amendments to the Constitution of the United States do not become a part of the Constitution until ratified by three-fourths of the States, which is now thirty-six states—there being forty-eight states in the union.
There are now eighteen amendments to the Federal Constitution. The nineteenth amendment on "Suffrage" is still pending, needing only one more state to give universal suffrage to women.
An amendment to a constitution is simply changing some of its provisions, but a revision is a recasting of the whole constitution. Both require the consent of the voters of the State.
As we have said the revision usually takes place by means of a convention of delegates elected for that purpose by the people.
"One of the most important parts of every state constitution is the 'Bill of Rights,' which is a statement of the rights which must not be infringed on by the government."
In the revision of a state constitution the legislature submits to the people the question of calling a convention to frame a new constitution. If the voters are in favor of a convention they elect delegates to the convention to assist in revising the constitution. The revised constitution is nearly always submitted to the people to vote upon.
The amendment known as the eighteenth amendment passed during President Wilson's term of office and is one of great importance to our nation in the protection of the home and humanity. This amendment prohibiting the manufacture and sale of intoxicating liquors, reads as follows:
"Sec. 1. After one year from the ratification of this article, the manufacture, sale and transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
"Sec. 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation."
There are now eighteen amendments to our Federal Constitution, and there has never been an amendment repealed.
The nineteenth amendment known as the suffrage amendment passed both houses of Congress on May 21st and June 4th, 1919, submitting to the states a proposed amendment to the Federal Constitution extending suffrage to women. The first state to take action was Wisconsin, whose legislature, June 5th, 1919, ratified the amendment. Other state ratifications were Michigan, June 10th, Kansas, New York and Ohio, June 16th, Illinois, June 17th, Pennsylvania, June 24th, Massachusetts, June 25th, Texas, June 28th, Iowa, July 2nd, Missouri, July 3rd, Arkansas, July 28th, Montana, July 30th, Nebraska, August 1st, Minnesota, September 8th, New Hampshire, September 10th, Utah, September 30th, California, November 1st, Maine, November 5th, North Dakota, December 1st, South Dakota, December 4th, Kentucky, January 6th, 1920.
The proposed amendment reads as follows:
"Sec. 1. 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 sex.
"Sec. 2. Congress shall have power, by appropriate legislation, to enforce the provisions of this article."
The following states had granted state wide woman's suffrage: Wyoming 1869, Colorado 1893, Utah 1896, Idaho 1896, Washington 1910, California 1911, Kansas, Arizona and Oregon 1912, Territory of Alaska 1913, Montana and Nevada 1914, New York 1917, Michigan, Oklahoma, South Dakota 1918.
Amendments to the Federal Constitution may be proposed by Congress by two-thirds vote, then submitted to the states for ratification by at least three-fourths of the states acting through their legislatures (or through state conventions as Congress may indicate, or Congress may call a national convention for this purpose).
As has been said eighteen amendments to the National Constitution have been made since its adoption. The nineteenth amendment will soon be adopted in full as it only needs one more state to make the three-fourths or thirty-six states which will give us universal suffrage throughout the United States.
Let us remember that the Constitution of the United States is the supreme law of the land, and no law will stand in our courts that is in violation of our National Constitution.
CHAPTER II.
Kinds of Government.
F
For convenience the United States is divided into forty-eight states and each state is divided into counties. Kentucky has one hundred and twenty counties.
We have National, State, county, town and city government.