The Short Constitution Part 18

The farmer who may be heavily in debt is protected for himself and his family by having exempted to him a team of horses, harness and wagon, machinery, farm utensils, and food and clothing for the family.

I have not time to relate all that has been done by America in sympathetic aid of the poor and the unfortunate. No other country in the world has given such consideration to the poor as has America.

We hear much talk of social injustice, that the poor man has no chance.

The truth is that more has been done in America during the past twenty-five years to provide justice for the poor and unfortunate and for those who toil, than was done in any other country of the world during the last one thousand years. The spirit of America is right. The people have the power. They are right at heart. The only weakness in America is the failure of many thousands of our men and women to take an active interest in the affairs of government. Hundreds of thousands, yes millions, of our voters fail to go to the polls on election day to vote. They do not seem to feel any grat.i.tude for the privilege of living in a free country where liberty is guarded by written guaranties of a Const.i.tution which cannot be changed, except by the will of the people themselves.

ELEMENTARY QUESTIONS

1. After a person is arrested where is he generally taken by the officer?

2. If the hearing is postponed, what is generally done with him in the meantime?

3. What is bail?

4. What offenses are not bailable?

5. What is the const.i.tutional guaranty as to bail?

6. Why should excessive bail be prohibited? What would be the injustice of this practice?

7. What happens when a person "out on bail" fails to appear in court at the time set? Is he relieved of further punishment?

8. If a magistrate fixes excessive bail, what may the accused person do in order to have it reduced?

9. Name some cruel and unusual punishments?

10. When was slavery in America abolished?

11. What was a debtor's prison?

12. How does America protect the poor? Can a debtor be put in prison for failing to pay ordinary debts?

13. What is meant by "exemptions" in relation to property and debts?

ADVANCED QUESTIONS

A. Explain the injustice of requiring excessive bail?

B. When a judge determines the amount of bail, what factors does he consider?

C. What is the purpose of punishment?

D. Discuss the movement for prison reform.

E. What is the purpose of the bankruptcy law?

F. Write a paper on:

Cruel and Unusual Punishments

Punishment and Crime in the United States

How America Protects the Poor Man

The Reformatory Versus the Penitentiary

XVIII. EQUAL RIGHTS OF CITIZENS

All Citizens Ent.i.tled To Equal Privileges And Immunities-Right To Vote Not Abridged

The great achievement in American government was the establishment of a Nation composed of independent and sovereign States. It was not an easy matter to bring all these States together as one government, so that there would be harmony and unity; but the framers of the Const.i.tution succeeded in a wonderful way in adopting rules and regulations-the Const.i.tution-which made this the most powerful and the most peaceful Nation in the world.(77)

Only once has there been any serious question between the States, and the Civil War settled that forever. Following the war, to bind the States more firmly together by the establishment of the rights of citizens of the various States, an amendment to the Const.i.tution was adopted in 1868, by the people of the Nation, which is as follows:

"_All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws._"(78)

This portion of our Const.i.tution establishes the citizens.h.i.+p of every person born or naturalized in the United States, and guarantees the rights of such citizens, not only in the State where he lives, but in any State.

No State has the power, since the adoption of this amendment, to make or enforce any law which shall abridge the privileges, rights, or immunities of citizens, no matter in what State they may make their home.

By this amendment all States are prohibited from enacting any law, or permitting any procedure of their courts, which shall "deprive any person of life, liberty, or property, without due process of law".

You will recall that immediately after the adoption and approval of the original Const.i.tution there were ten amendments adopted which became effective in 1791, in one of which it was provided that no person "shall be deprived of life, liberty or property, without due process of law".

This forever barred the United States government from depriving the humblest citizen of his life, his liberty, or his property, except through the regular processes of the law which we have heretofore considered; and by the amendment of 1868 the same restriction was placed upon every State in the Union, thus completing the guaranty to every man, woman, and child, that life, liberty, and property would be safe and sacred. No power exists in the State or Nation by which life, liberty, or property may be interfered with, except through the tribunals established by the people themselves to hear and determine in a judicial way after proper notice with full opportunity to be heard in a public trial.

No secret schemes can be devised which will interfere with the rights of the humblest citizen, no power can be created strong enough wrongfully to invade the right to life, liberty, and property. These guaranties, being written into the Const.i.tution, will stand forever, unless the people by their own choice shall throw away these great guaranties and destroy these great blessings.

Then following the Civil War, the people of America adopted the following as part of the Const.i.tution of the United States:

"_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 race, color, or previous condition of servitude._"(79)

You remember the Emanc.i.p.ation Proclamation by President Lincoln which struck the chains from the limbs of men and women and children who had been slaves for generations. They were human beings, though of the colored race. They were lifted from the position of slavery to the dignity of citizens.h.i.+p, and clothed with power to help in the government of their country by being given the privilege of going to the ballot box to vote.

To establish this right and protect this privilege for all time, this amendment to the Const.i.tution was adopted by the people of the United States. It was a bold thing to do, to clothe a subject race which had little opportunity for education with the rights of citizens.h.i.+p. No nation in the world ever before attempted such a wonderful and radical experiment; but the people of America, having real confidence in human beings, regardless of color, race, or creed, a.s.sumed the responsibility of admitting the former slaves as part of the power of government in this country.

Of course you realize that the value of a citizen to his country, when it comes to voting and making laws, depends upon his knowledge of public affairs, and his confidence in his government; and therefore education is absolutely necessary to real service to one's country. That is one of the big objects of education-to qualify persons for full citizens.h.i.+p.(80)

Too many of us consider the right to vote simply as a privilege to help some neighbor to be elected to some public office. This view is all wrong.

Our country is first, and we never should help a neighbor to be elected to an office unless that neighbor can help to make this a better government.(81)

When we elect any one, we are selecting a servant to represent us, to act for us. Therefore great care should be exercised in selection. We must inquire not only whether the person is good and virtuous, but also whether the person is useful, and has right ideas about public service.(82)

If congressmen, judges, legislators, mayors, or other public servants are not honestly or truly representing the people, if they are not carrying out the will of the people in their official actions, this simply proves that the people have not selected the right kind of men to represent them.