Elements of Civil Government Part 7

It is the duty of every voter to study the interests of the country, and to vote for persons and measures that, in his opinion, will best "promote the general welfare." In this country, government is intrusted to the whole people, and they can govern only by expressing their will in elections. Therefore the majority must rule. The majority will sometimes make mistakes, but these will be corrected after a time. In order that good government may ensue, good citizens must take part in elections. The privilege of suffrage is conferred upon an implied contract that it will be used for the public good. He who fails to vote when he can, fails to perform his part of the contract, fails to fulfill his promise, and fails to respect the government that protects him.

CONSt.i.tUTION.

The const.i.tution is often called the supreme law of the State. In other words, it is the supreme act of the people, for the purpose of organizing themselves as a body politic, of formulating their government, and of fixing the limits of its power. It is a contract between the whole society as a political body, and each of its members.

Each binds himself to the whole body, and the whole body binds itself to each, in order that all may be governed by the same laws for the common good. The const.i.tution of each State is a written instrument, modeled after the Const.i.tution of the United States, with which it must not conflict.

The const.i.tutions of England and most other countries of Europe are unwritten. They consist of the common usages and maxims that have become fixed by long experience. In those countries, when a new political custom grows into common practice it thereby becomes a part of the national const.i.tution.

FORMATION AND ADOPTION.--As the whole people can not a.s.semble in one place to frame and adopt a const.i.tution, they elect delegates to a const.i.tutional convention. The convention usually meets at the capital, deliberates, frames articles for a proposed const.i.tution, and in nearly all cases submits them to the people. The people make known their will in a general election, and if a majority vote in favor of adopting the proposed const.i.tution, it becomes the const.i.tution of the State. If the proposed const.i.tution is rejected, another convention must be called to propose other articles to be voted upon by the people.

PURPOSES.--The purposes of the const.i.tution are to guard the rights of the people, to protect the liberties of the minority, to grant authority to the government, to separate the functions of the three departments, to prescribe the limits of each, and to fix in the public policy those maxims of political wisdom that have been sanctioned by time.

The special tendency in recent amendments of State const.i.tutions has been to limit the power of the legislature. Const.i.tutions, like other political inst.i.tutions, are largely matters of growth, and from time to time must be revised to meet the changing wants of society. For this purpose the const.i.tution of almost every State contains a provision, called the open clause, which authorizes the legislature, under certain restrictions, to propose amendments to the const.i.tution to be adopted or rejected by a vote of the people.

VALUE.--The people of any State may, at their pleasure, frame and adopt a new const.i.tution, which must be in harmony with the Const.i.tution of the United States. The right to make their own const.i.tution is one of the highest and most important rights that freemen can possess. It is in this and in the right of suffrage that their freedom princ.i.p.ally consists.

The const.i.tution protects the people by prescribing the limits of official authority. The legislature can not legally pa.s.s a law which the const.i.tution of the State forbids, and when such a law is pa.s.sed it is declared unconst.i.tutional by the State courts. A provision of a State const.i.tution becomes void when declared by the supreme court of the United States to be in conflict with the national Const.i.tution.

CONTENTS.--The const.i.tutions of the several States are based upon the Const.i.tution of the United States as a model, and are therefore much alike in their general provisions. Each contains:

A preamble setting forth the purposes of the const.i.tution;

A lengthy declaration called the bill of rights;

Provisions for distributing the powers of government into three departments; and

Articles relating to suffrage, debt, taxation, corporations, public schools, militia, amendments, and other public affairs.

BILL OF RIGHTS.

The bill of rights usually declares various rights of the citizen which may be cla.s.sified under the heads of republican principles, personal security, private property, freedom of conscience, freedom of speech and of the press, freedom of a.s.sembly, and freedom from military tyranny.

REPUBLICAN PRINCIPLES.--Under this head the bill declares:

That all power is inherent in the people;

That governments exist for their good, and by their consent;

That all freemen are equal;

That no t.i.tle of n.o.bility shall be conferred;

That exclusive privileges shall not be granted except in consideration of public services;

That all elections shall be free and equal.

PERSONAL SECURITY.--In the interests of the personal security of the citizen it is provided:

That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches;

That warrants to seize and to search persons and things must describe them by oath or affirmation;

That there shall be no imprisonment for debt, except in cases of fraud.

PRIVATE PROPERTY.--To secure the rights of private property, the bill declares:

That private property shall not be taken for public use without just compensation;

And, in some States, that long leases of agricultural lands shall not be made.

FREEDOM OF CONSCIENCE.--To induce the entire freedom of conscience of the citizen it is declared:

That there shall be perfect religious freedom, but not covering immoral practices;

That there shall be no State church;

That no religious test shall be required for performing any public function;

That the rights of conscience are free from human control.

FREEDOM OF SPEECH AND OF THE PRESS.--To maintain the rightful freedom of the press, the bill guarantees:

That printing-presses may be used by all;

That every citizen may freely speak, write, and print upon any subject--being responsible for the abuse of the right.

FREEDOM OF a.s.sEMBLY.--The right of a.s.sembly is secured by the provision:

That the people may peaceably a.s.semble for the public good, to discuss questions of public interest; and

That they may pet.i.tion the government for redress of grievances.

FREEDOM FROM MILITARY TYRANNY.--To guard against abuses by the military, it is declared:

That the military shall be in strict subordination to the civil power;

That no standing army shall be maintained in time of peace;