[8] This is a worthy climax to the preamble. The great struggle, which began in the mother country, continued through colonial times, and culminated in the revolution, had been for liberty. The love of liberty had illumined the pathway of the pilgrims crossing unknown seas; it had glowed in the Declaration of Independence; it had warmed the hearts of the half-clad soldiers at Valley Forge.
Liberty had now been won; the problem was how to render it secure. The desired security was to be found only in the formation of a government having all powers necessary for national sovereignty and independence, while retaining in the states all powers necessary for local self-government.
CHAPTER XXI.
ARTICLE I.—THE LEGISLATIVE BRANCH.[1]
SECTION I.—CONGRESS.
All legislative powers herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.[2]
[1] The division of governmental functions among three branches has already been discussed on page 79.
The legislative branch comes first and occupies most space in the constitution because its framers regarded the legislative as the most important branch. And laws must be made before they can be interpreted or executed.
[2] The reason for the creation of two houses or chambers was that thus only could the conflicting claims of the large and small states be reconciled. It was, in fact, a compromise, the first of a series.
Only a few in the convention thought at first of having two houses, the plan being to continue as under the articles of confederation with one house. On the question of apportioning representatives, it was found that there was a decided difference of opinion. The small states wished to continue the principle of the articles of confederation, which gave the several states equal power. But the large states insisted that the power of a state should be in proportion to its population. The differences were finally settled by the creation of two houses, in one of which the states should have equal power, and in the other the representation should be based upon population.