Studies in Civics Part 17

_We, the people of the United States,[2] in order to form a more perfect union,[3] establish justice,[4] insure domestic tranquillity,[5] provide for the common defense,[6] promote the general welfare,[7] and secure the blessings of liberty to ourselves and our posterity,[8] do ordain and establish this const.i.tution for the United States of America._

[1] The preamble or enacting clause is very important, because it states the purposes for which the const.i.tution was framed, and is, therefore, a valuable aid in interpreting its provisions.

[2] These words are important, because: First, they recognize the people as the source of power. Second, they show that the const.i.tution is different in nature from the articles of confederation. The latter was a compact between states, adopted by state legislatures acting for the states as such; the former was "ordained and established" by "the people of the United States," _one_ people, acting as a unit. And the expression, which was inserted in the preamble after due deliberation, is, therefore, an argument in favor of the proposition that this is a _nation_ and not a mere confederacy.

[3] "More perfect" than under the articles of confederation, in which the states were declared sovereign and independent. The sovereignty is given by the const.i.tution to the general government, which is clothed with ample power to maintain its independence. At the same time such limitations are placed upon its power as will prevent its becoming despotic.

[4] To establish justice is one of the primary purposes of government.

Under the articles of confederation there had been no national judiciary, and state courts often discriminated against foreigners and citizens of other states. To remedy this, to establish fair-handed justice throughout the land, the national judiciary was created by the const.i.tution.

[5] "Domestic tranquillity" means here peace among the states and within each state. The condition of affairs during the confederation period had been woeful. A long war had impoverished the people, and unable to pay their taxes they had in several places broken out in rebellion. Each state by commercial regulations was trying to better its fortunes even at the expense of the others. These regulations, and disputes about boundaries, kept the states quarreling among themselves.

By transferring to the general government the power to regulate commerce with foreign nations and among the states, by giving it power to enforce treaties, and by creating a tribunal with authority to settle controversies between states, the framers of the const.i.tution removed in a large measure the irritating causes of discord. But to _insure_ peace, the general government was expressly given power to put down insurrections in the states.

[6] To defend the country is another of the important duties of government. The United States could do this better than each state could defend itself. Several reasons are obvious. Therefore the general government was empowered to raise and maintain an army and navy, and it thus became "competent to inspire confidence at home and respect abroad."

[7] "To promote the general welfare" was the great object for which the government was organized, and all the provisions of the const.i.tution have that in view. This expression was intended to cover all those things which a government may properly do for the good of the people. It is very elastic, as it was intended to be, and has covered acts as different as the purchase of Louisiana, and the endowment of agricultural colleges, the granting of a patent, and the establishment of post-offices.

[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 s.p.a.ce in the const.i.tution 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.

Connecticut has the honor of furnishing this valuable compromise. In her legislature, representation in one house was based on population; in the other, the towns had equal representation.

Among the _advantages_ of having two houses, aside from that mentioned on page 80, are these: It tends to prevent a few popular leaders from carrying through laws not designed for the common good; it secures a review of any proposed measure by men elected in different ways and looking at it from different standpoints. As our congress is organized, the members of the house of representatives, being elected by popular vote and for a short term, are likely to represent with considerable faithfulness the wishes of the people. But the people may be for a time wrong--as, for instance, in the persecution of the "witches"--and senators, who by their mode of election and length of term are made somewhat independent, can comparatively without fear do what seems right, even if temporarily unsupported by public opinion.

SECTION II.--HOUSE OF REPRESENTATIVES.[1]

_Clause 1.--Composition and Term._

_The house of representatives shall be composed of members chosen every second year[2] by the people[3] of the several states, and the electors[4]

in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.[5]_

[1] So called because it represents the people.

[2] The term under the confederation had been one year. This was too short to permit any adequate study of the subjects to be legislated upon. This longer term, two years, is still short enough to impose upon representatives the feeling of responsibility.

The term begins March 4, at noon. The time covered by a representative's term is called _a congress;_ thus we speak of the fortieth congress, meaning the fortieth two years of our const.i.tutional existence. The name also applies to the body const.i.tuting our national legislative department during that time. Thus we say that a certain person is a member of congress.

"A congress" includes two regular sessions and any number of extra sessions which the president may see fit to call or which may be provided for by law. The first regular session is called "the long session,"

because congress may remain in session through the summer, if it choose.

The second is called "the short session," because it must end March 4, at noon. Expiring thus by limitation, it lasts not more than about three months.

[3] The word _people_ here means _voters_.

Each state is divided by its legislature into congressional districts equal in number to the representatives to which it is ent.i.tled, and the people of each district elect one representative. Sometimes when a state has its representation increased after a new census, the old congressional districts are left for a time undisturbed, and the added representatives are elected "at large," while the others are chosen by districts as before.

[4] Voters.

[5] The qualifications for voting in any state are fixed by the state itself, and different states require different qualifications. When the const.i.tution was framed, but not now, some states required higher qualifications in voters for the upper house of the state legislature than in voters for the lower; so that more persons could vote for members of the lower, which is always the "most numerous" branch, than for the higher. Desiring to make the United States house of representatives as "popular" as possible, the framers of the const.i.tution determined that all whom any state was willing to trust to vote for a member of the lower house of the state legislature, the United States could trust to vote for members of its lower house.

_Clause 2.--Qualifications_.

_No person shall be a representative who shall not have attained the age of twenty-five years,[1] and been seven years a citizen of the United States,[2] and who shall not, when elected, be an inhabitant of that state in which he shall he chosen.[3]_

[1] For business and voting purposes a man "comes of age" at twenty-one years. Four years of probation are considered the least amount of time necessary to fit him for the responsibilities of a member of the house of representatives.

[2] A born citizen will at twenty-five years of age have been a citizen for twenty-five years. A naturalized citizen must have lived in the United States for at least twelve years, [Footnote: Eight years in the case of an honorably discharged soldier who may become a citizen on one year's residence.] five years to become a citizen and seven years afterwards, before being eligible to the house of representatives. These twelve years will have given him time to become "Americanized."

[3] Residence in the state is required in order that the state may be represented by persons interested in its welfare. No length of time is specified, however. Residence in the district is not required by the const.i.tution, because the distribution of representatives within a state is left to the state itself. A person _may_ be chosen to represent a district in which he does not live, and this has been done in a few instances. One does not lose his seat by moving from the district or even from the state, but propriety would impel resignation.

WHO MAY NOT BE REPRESENTATIVES.

1. Persons holding any office under the United States. [I., 6, 2.]

2. Persons who by engaging in rebellion against the United States have violated their oath to support the const.i.tution, unless the disability be removed. [Am. XIV., 3.]

_Clause 3.--Apportionment._

The parts of this clause enclosed in brackets are now obsolete.

_Representatives and direct taxes[1] shall be apportioned among the several states which may be included within this Union, according to their respective numbers,[2] [which shall he determined by adding to the whole number of free persons[3] including those bound to service [4] for a number of years, and] excluding Indians not taxed, [three-fifths of all other persons.[5]] The actual enumeration[6] shall he made within three years after the first meeting of the congress of the United States,[7] and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand,[8] but each state shall have at least one representative,[9] [and until such enumeration shall he made, the State of New Hampshire, shall be ent.i.tled to choose three, Ma.s.sachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.]_

[1] These are like the usual local taxes; that is, "poll" taxes and taxes on real and personal property. A tax on incomes derived from such property was, in May, 1895, declared by the United States Supreme Court to be a direct tax. United States direct taxes have been laid only in 1798, 1813, 1815, 1816, 1862.

[2] The revolutionary war had just been fought to maintain the principle, "taxation and representation go hand in hand," and this provision was made in harmony therewith. The including of direct taxes was a concession to the slaveholding states.