The Short Constitution Part 39

Const.i.tution of the United States.-"Such trial shall be held in the state where said crime shall have been committed."

Declaration of Independence.-"For depriving us, in many cases, of the right of trial by jury."

Const.i.tution of the United States.-"The trial of all crimes, except in case of impeachment, shall be by jury."

Declaration of Independence.-"For quartering large bodies of armed troops among us."

Const.i.tution of the United States.-"No soldier shall in time of peace, be quartered in any house without the consent of the owner."

Declaration of Independence.-"For imposing taxes on us without our consent."

Const.i.tution of the United States.-"Congress shall have power to levy and collect taxes."

95 On December 2, 1917, in New York City, in a meeting of men who called themselves Bolshevists and I. W. W.'s, the following paragraph was an introduction to a set of resolutions drawn up: "We are the Bolshevists of America. We denounce governments, inst.i.tutions and society; we hail social revolution and the destruction of the existing order of things."

In the preamble to the Const.i.tution of the Independent Workers of the World (I. W. W.) we find this statement: "The working cla.s.s and the employing cla.s.s have nothing in common. Between these two cla.s.ses the struggle must go on, until the workmen of the world organize as a cla.s.s, take possession of the earth and the machinery of production, and abolish the wage system. Our motto is-_The abolition of the wage system._"

How foolish is the above statement that the working cla.s.s and the employing cla.s.s have nothing in common. The truth of the matter is that they have everything in common. Every employer-almost without exception-was once a workman. He was a successful workman, therefore he became more than a workman-he became an employer. Furthermore, workmen cannot exist without employment. Neither can employers exist without the workmen. They are not only each concerned in the welfare of the other; neither can exist without the other.

The following is another pa.s.sage taken from the resolutions drawn up by the Bolshevists in which they say the general strike is their weapon of defense: "We will strike for a six hour day, then for a four hour day, then for a two hour day, with increased wages all the time, and then we will be strong enough to take everything and work no more."

We wonder how any sensible man can believe such logic as this. Was it not Saint Paul who said that if any man would not work neither should he eat.

The Socialist party platform of 1912 declared in favor of the abolition of the United States Senate, the amendment of the Const.i.tution of the United States by a majority vote of the people, the election of judges for short terms of office, the denial of the right of the U. S. Supreme Court to declare the acts of Congress void.

96 Article V of the Const.i.tution of the United States provides for the amendment of that fundamental law of the country. It says amendments may be proposed by a bill for amendment being introduced into either house of Congress and pa.s.sing each house by a two-thirds vote, or secondly, by the State legislatures of two-thirds of the States demanding that Congress call a national convention in which amendments may be proposed. If these proposed amendments are ratified by the legislatures of three-fourths of the States or by conventions called in three-fourths of the States, they become an integral part of the Const.i.tution.

97 Some of this good legislation includes: Child Labor Laws; Workmen's Compensation Laws; Industrial Insurance for Workingmen; Compulsory Education; Pure Food Laws; Better Sanitary Conditions in Factories; Safety Appliances; Free Medical Inspection for School Children; and Care of the Poor.

98 If you read carefully the fifth article of the Const.i.tution of the United States, you will learn that the Const.i.tution may be amended either by the people's representatives who sit in Congress, and in State legislatures, or by the legislatures of the States demanding that a National convention shall be called in which the people may choose the members Which ever method of amending the Const.i.tution is used, it is the people who exercise the power of changing the Const.i.tution.

99 Every teacher in every public school ought to feel in duty bound to teach the fundamental principles of the Const.i.tution to all the children in the school. A recitation period ought to be set aside each day for the study of civics of the community, of the locality, of the State, and of the United States. Every pupil in every public school ought to feel proud of the opportunity to learn how his government is made and how his government works, how he may become a helpful citizen by being an intelligent voter when he comes to be a man. Adult people ought to organize civic clubs in the community for the discussion and study of questions of government and politics.

100 The following suggestions have been made by good, honest people who have their country's welfare at heart. Thus far the people as a whole have not advocated their adoption, but some of them may be made part of the Const.i.tution in time to come.

a. The direct popular election of President and Vice President of the United States.

b. The adoption of the initiative, referendum, and recall in the National government.

c. Federal legislation governing both marriage and divorce throughout the Nation.

d. Federal jurisdiction over all cases affecting foreigners-for example in instances like the Italian riot in New Orleans, or in the j.a.panese problem on the Pacific coast.

101 The following is a brief outline of the various attempts at union among the colonies.

(a) 1643-1684-New England Confederation: Ma.s.sachusetts Bay; Plymouth; Connecticut; New Haven.

(b) 1684-Albany Council.

(c) 1690-First Colonial Congress.

(d) 1696-William Penn's Plan.

(e) 1701-Robert Livingston's Plan.

(f) 1722-Plan of Daniel c.o.x.

(g) 1754-Plan of Rev. Mr. Peters.

(h) 1754-Plan of the Lords of Trade.

(i) 1754-Albany Plan.

(j) 1765-Stamp Act Congress.

(k) 1774-First Continental Congress.

(l) 1775-Second Continental Congress.

(m) 1781-Congress of the Confederation.

(n) 1787-The Federal Convention.

(o) 1789-The New Government.

The chief reasons keeping the colonies apart were:

1. Natural geographical divisions-North, Middle, and South.

2. The great differences in size-Virginia many times larger than Rhode Island.

3. The instinct of local self government.

4. Character of settlers and the motives in making settlements.

5. The slave question, especially after 1750.

6. Their different forms of government-Royal, Proprietary, Charter.

The very first attempt at const.i.tution making in the colonies was the Mayflower Compact, adopted on board the s.h.i.+p Mayflower before landing on December 20, 1620. It reads as follows: "We, whose names are underwritten, the loyal subjects of our dred soveraigne King James, by the grace of G.o.d, of Great Britain, France and Ireland King, defender of the faith, etc. having undertaken, for the glory of G.o.d, and advancement of Christian faith and honor of our king and country, a voyage to plant the first colony in northern parts of Virginia, do, by these presents, solemnly and mutually, in the presence of G.o.d, and of one another, covenant and combine ourselves together into a civil body politic, for, our better ordering and preservation and furtherance of the ends aforesaid; and, by virtue hereof, to enact, const.i.tute, and frame, such just and equal laws, ordinances, acts, const.i.tutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony. Unto which we promise all due submission and obedience.

In witness whereof we have hereunder subscribed our names, at Cape Cod, the 11th of November, in the year of the reign of our sovereign lord, King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Domini."

The first real attempt at formal const.i.tution making was the "Fundamental Orders of Connecticut", 1639. These "Orders" formed an elementary const.i.tution with three departments of government and the duties and powers of each department fairly well set forth. The Fundamental Orders are frequently referred to as the first written const.i.tution in America.

The Articles of Confederation were made by the _thirteen States_ in the name of the _States_. The Const.i.tution was made by the _delegates of the people_ in the name of the _people of the United States_. The first was a _compact_ or friendly agreement; the second was a _contract_ or binding union.

102 Great modifications have been made in nearly all of the State Const.i.tutions, an excellent a.n.a.lysis of which may be found in Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 443.

103 Since the alliance of the original thirteen States, thirty-five have been admitted into the Union by acts of Congress either directing the people to select delegates and enact a Const.i.tution or accepting a Const.i.tution already made by the people. An ill.u.s.tration of the former method of procedure is offered in 25 U. S. St. at L. 676 c 180, providing for the admission of North Dakota, South Dakota, Montana, and Was.h.i.+ngton into the Union, and of the latter in 26 U.

S. St. at L. 215 c 656; 222 c 664, providing for the admission of Idaho and Wyoming. "Of these instruments (State Const.i.tutions), therefore, no less than of the Const.i.tutions of the thirteen original States, we may say that although subsequent in date to the Federal Const.i.tution, they are, so far as each state is concerned de jure prior to it. Their authority over their own citizens is nowise derived from it."-Bryce's _American Commonwealth_ (Third Edition), Vol. I, p. 431.

104 "A const.i.tution is an instrument of government, made and adopted by the people for practical purposes, connected with the common business and wants of human life. For this reason pre-eminently every word in it should be expounded in its plain, obvious and common sense."-Per Allen J., in Peo v. New York, Cent. R. Co., 24 N.

Y. 485, 486.

105 Legislatures cannot change Const.i.tutions. "I consider the people of this country as the only sovereign power. I consider the legislature as not sovereign, but subordinate; they are subordinate to the great const.i.tutional charter, which the people have established as a fundamental law and which alone has given existence and authority to the legislature."-Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._ 20, 86.

106 "Some of the state const.i.tutions provide for periodically submitting to the voters the question whether a convention shall be called to revise and amend the const.i.tution. Regardless of whether or not provision is made for periodical resubmission of the question of calling a convention, the const.i.tutions usually provide that the legislature may, of its own volition, submit to a vote of the people the question whether a convention shall be called, and subject to any existing const.i.tutional limitations, may prescribe the time and manner of electing delegates to such convention."

107 Teachers and school officers can perform no higher duty, can render no greater service to America, than to encourage the use of school buildings for public gatherings. They should be real community centers. In the city of Minneapolis, the Superintendent of Schools has recently reported that for the year ending July 1st, 1920, there were 5070 meetings held in the public school buildings, with a total attendance of 325,734 persons. There were 1434 cultural meetings, 751 civic sessions, 2501 recreative gatherings, and 334 social festivals. Rural consolidated school buildings ought always be planned for civic centers as well as school-houses. They ought to provide a large a.s.sembly hall where community gatherings may be held. They ought to provide a large and well equipped gymnasium where both children and adults may enjoy athletic contests and indoor games. These buildings ought to be open to the people every evening during the week if the attendance warrants.

108 One mark of good citizens.h.i.+p is the respect shown to emblems of authority. All good citizens rise to their feet and remain standing during the playing or singing of the National anthem. We ought to cultivate such habits until they become reflex: i. e. until we do them as a matter of course without being told by the teacher in school or by the leader of the choir or some other person.

Every school boy and girl ought to commit to memory the words of the Star Spangled Banner and of America. The teacher can make the singing of patriotic songs and the learning of patriotic poems and speeches a part of the opening exercises of the school. Poems and speeches learned in childhood will generally remain with us throughout life.

109 Radicalism of thought and action can generally be traced to the segregation of the people into small groups where the individual is alone in his thinking. a.s.sociation and cooperation tend to break up individualism. Where men and women come together in thought and consideration, there is always developed a tendency toward moderation. Our present day complex society demands that every individual yield something for the good of the whole community. The yielding process is a moderating process. Anarchy stands for the division of society into individuals where each individual becomes selfish and dominating over others around him. Loyalty to the Nation and the State requires that the individual shall cooperate with his neighbor and that he shall work in harmony with other people in the community. If people would more often a.s.semble and discuss the needs of the entire community and how each may help to make the entire community better, we would have less of cla.s.s distinction and more of social harmony and of economic prosperity.

110 Republican government is government by the people through their chosen representatives. Republican government can only be good government and effective government, when every qualified voter will a.s.sume his full duty in helping carry on the government. This duty is exercised through the casting of an intelligent ballot on election day. In the presidential election of 1908 the percentage of qualified voters actually voting ranged from 15.8 per cent to 88.1 per cent, the average for all States being 60.5 per cent.