COMMENTS ON THE ABOVE.
The rights above enumerated are among those which to us in America to-day seem almost matters of course. It seems strange that any one ever seriously questioned the fairness or the justice of the claims there set forth. But in enumerating them we are treading on sacred ground. Their establishment cost our ancestors hundreds of years of struggle against arbitrary power, in which they gave freely of their blood and treasure.
Many of these rights are guaranteed in the constitution of the United States, but only as against the general government. That they may not be invaded by the state government, the people have reserved them in the state constitutions.
Pertinent Questions.
In what sense are all men created equal? Is there anything in good blood?
What was meant by the "divine right" of kings to rule?
Could a Mormon practice polygamy in this state, it being part of his religious creed? Why? Can an atheist give evidence in court?
What constitutes libel? Slander?
On what basis may a mob be dispersed? What cases of petition have you known?
What is a general warrant? A passport? Why may habeas corpus be suspended in time of war.
Give instances of private property taken for public use. What is meant by feudal tenure? How long a lease of agricultural lands may be given in this state? How about business property in a city?
May a person lawfully carry a revolver in his pocket? Why?
What is meant by the military being subordinate to the civil power? Which outranks, the secretary of war or the general of the army? Why should the statement be made about quartering soldiers, in view of the preceding statement?
What is meant by an ex post facto law? Why forbidden? May a law be passed legalizing an act which was performed as a matter of necessity but without authority?
What is to hinder an enemy of yours from having you arrested and cast into prison and kept there a long time? What is the purpose of bail? Why regarded as an important element of liberty? Why should a grand jury have to indict a person who has been examined and held for trial by a justice of the peace? Does a prisoner charged with murder or other high crime remain in handcuffs during his trial? Name the three or four most important guarantees to an accused person. Why are so many provisions made in his behalf?
If a ruler should wish to subvert the liberties of a people used to these guarantees, where would he begin?
What are some of the advantages possessed by a written constitution over an unwritten one? Of an unwritten over a written one? Is any part of our constitution unwritten?