The Short Constitution Part 24

A. What is the fallacy of the I. W. W. const.i.tution?

B. How would you meet their argument?

C. List the standards which should be used to measure the worth of any suggestion of amendments to the Const.i.tution.

D. Discuss the process by which former amendments have been made.

E. Write a paper on any amendments which you think should be adopted to take anything out of the Const.i.tution.

XXV. AMENDING THE CONSt.i.tUTION

The Power Of The People-What Provisions Should Be Added To It

This morning we are going to apply another test to the Const.i.tution of the United States. I have already asked you to a.n.a.lyze and study the Const.i.tution carefully, each provision of the Const.i.tution, to see if there be any portion that should be taken out. This morning I am going to ask you to study the Const.i.tution with a view of determining what, if anything, you wish added to the Const.i.tution. Do not a.s.sume that I em imposing a duty which should only be undertaken by some learned lawyer or statesman. This Const.i.tution is a Const.i.tution of the whole people and it must be upheld and defended, not only by lawyers, judges, and public officials, but by the people in every walk of life, by the children as well as by fathers and mothers, by the poor as well as the rich.(98) Therefore I come to you who are children to-day but who in a few short years will be making the laws of this country through your votes at the ballot box. I ask you to decide not only what, if anything, should be taken out of the Const.i.tution, but I ask what, if anything, should be added to the Const.i.tution; and again I want you to form your own opinions about this after a careful study, after conference with your parents and with your friends. It is a strange thing that we seldom hear any one talking to his neighbor about the Const.i.tution. People when they get together talk about all sorts of things, serious and frivolous, but you seldom hear them discussing the gravest problem in human life, which is human government. Do not be afraid to take up the subject with your friends. Do not be afraid to discuss with your friends some provision of the Const.i.tution. You are having a special advantage in being able to study the Const.i.tution while many of your neighbors never had such an opportunity.(99)

What can we add to the Const.i.tution which will make it more effective as an instrument in the protection of life, liberty, and property for us here in America?

Remember, we the American people can add anything to the Const.i.tution that we wish. Nineteen amendments to the Const.i.tution have already been adopted by the people. Do not feel discouraged because it takes a little time to secure the adoption of an amendment. The Const.i.tution should not be amended hastily, but only after grave thought and earnest consideration.

If we can only think of something to add to the Const.i.tution which would be a good thing for the whole people of America, I will guarantee that we will have no difficulty in having it added to the Const.i.tution. Of course it will take earnest effort, but shaping the destiny of more than 105,000,000 people is a grave matter. The Const.i.tution is the protection of the rights of each individual and therefore any change in the Const.i.tution merits most earnest consideration upon the part of each one of us.

Think it over and advise me some day or inform your teacher of anything that you can think of which, if added to the Const.i.tution, would improve this Nation as a country in which the people rule, anything which would make the rule of the people more complete. That is the big thing after all-the rule of the people, because when the people can rule themselves, they ought to get out of life everything which they are ent.i.tled to by their individual merits, ability, and effort. Always keep in mind that there is no way by which a government of the people and by the people can equalize opportunity for those who will not seek the advantages which are open to them. No Const.i.tution and no law can equalize industry and idleness. No scheme of government can provide bread for those who will not toil. It is impossible that human happiness can be guaranteed to those whose lives are spent in wickedness and wrongdoing.

So, my friends, after due thought and deliberation, prepare your amendments to the Const.i.tution of your country. Do not hesitate because you may think that you cannot put them in proper form. The form is not important; the idea is the great thing. Perhaps it may be that out of the mind and out of the heart of some pupil in this school may come some day a great idea which, incorporated into the Const.i.tution or the law, may bring added blessings to the American people.(100) I know of no power on earth which can tie the hands of the American people in any effort toward enlarging the powers of the people, which will better guard life and liberty. We have seen how many safeguards were adopted by the framers of the Const.i.tution to protect each and everyone of us against the abuse of power by the government maintained by the people. We have seen how earnestly the framers of the Const.i.tution guarded each individual against wrongful conduct on the part of any servant of the people in any official position. _Perhaps some one in this cla.s.s may discover an additional guaranty which would be helpful. If so, duty demands that the same shall be made part of the fundamental laws of our country, the Const.i.tution of the United States._

As you read of America, as you think of its Const.i.tution and laws, don't you feel a sense of power, a sense of pride?

If Mr. Allen who owns the big department store on Main Street were to come here some morning and make each one of you a gift of an interest in his store, if he should make you partners with him in his entire business, you would feel grateful and proud. What an intense interest you would take in the store and all the details. You would talk about it at home and to your neighbors and friends. Each of you would begin to study the business. You would take pleasure in reading about merchandise, prices, and business methods.

Well, we are all partners in this great Nation. Liberty is more valuable than merchandise or profits. If someone stronger than you should undertake to take away your liberty, you would fight for it and die for it if necessary.

Being partners in America, won't you study America? Won't you talk about the blessings of America at home and to your neighbors? Won't you study the problems of America so that each succeeding year it can pay greater profits in freedom and justice and righteousness?

ELEMENTARY QUESTIONS

1. What do your parents say about changes in our Const.i.tution?

2. How would you advise them to act?

3. Can you tell them how changes in our Const.i.tution can be made?

4. Why is it necessary that each one of us take a personal interest in OUR Const.i.tution?

ADVANCED QUESTIONS

A. How would you meet the argument of the radical who wants a revolution?

B. How would you show others that we have a great partnership in America?

C. What two ways are possible for const.i.tutional amendments?

D. List a series of additions that you think should be made to the Const.i.tution.

E. Write a paper upon some one amendment to our Const.i.tution that you believe to be worthy of adoption.

XXVI. MACHINERY OF THE GOVERNMENT

The Agencies, Officers, And Methods For Exercising Powers Of The National Government

Now my friends, we have reached the end of discussion of the personal guaranties of the Const.i.tution-the American Bill of Rights.

As I have heretofore stated, this is the real, important part of the Const.i.tution, because it is in a study of these guaranties that we fully realize the blessings of our free American government. Any one who has earnestly considered this great American Bill of Rights can readily answer the question, "What has America done for me and for my children"?

But I would not have you feel that the other parts of the Const.i.tution are of small concern. Each provision of this great charter of human rights is very important, and worthy of careful study.

Article I of the Const.i.tution provides that all legislative powers granted "shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives". Now you will understand of course that up to the time the Const.i.tution was adopted, the United States had no power; in fact there was no United States. The colonists through the Articles of Confederation had attempted to establish a Nation which was designated "The United States of America", but the result of their efforts was really a confederation, and not a real union.(101) _The Nation was formed by the adoption of the Const.i.tution._ The Nation formed was in the nature of a partnership. I suppose you know but little about partnerships organized by individuals. A partnership is generally formed by a written agreement signed by the partners. This agreement usually contains provisions as to the share or interest of each partner, the power of the partners and of the partnership, and the objects and purposes of the partnership.

The United States is a partnership between the people and the Nation. The Const.i.tution is a partnership agreement binding upon all the parties to the agreement. Before the adoption of the Const.i.tution the people possessed all the power of government and governmental action. The people gave some of their power to the Nation, but only a small part of the power of the people was given. Always bear in mind that the United States-the Nation-has no power, and never had any except what the people granted in the Const.i.tution and in the amendments thereto.

You will see in Section 8 of Article I the specific powers granted to Congress by the people. They include the following: lay and collect taxes; pay debts; provide for defense and for the general welfare; borrow money; regulate commerce among the States and with foreign nations; provide for naturalization and uniform rules of bankruptcy; coin money, regulate the value thereof, and fix the standard of weights and measures; punish counterfeiting; establish post offices and post roads; protect authors and inventors by copyrights and patents; establish courts; punish piracies and felonies on the high seas; declare war, raise, and support armies; provide and maintain a navy; provide for organizing armies, for disciplining the militia, and for calling them to serge in certain emergencies; exercise exclusive power of legislation "over such District (not exceeding ten miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States"; make all laws necessary and proper for carrying into execution the foregoing powers "and all other Powers vested by this Const.i.tution in the Government of the United States, or in any Department or Officer thereof."

So you see large powers were granted by the people to the new Nation.

However, the people were very careful. Nearly every government in the world, before the organization of the United States, had at times proven false to the people. Many governments were false to the people all the time. Indignities and abuses were often heaped upon helpless men, women, and children. Governments were more often maintained to serve royalty or aristocracy than to protect the rights and liberties of the common people.

Therefore when it came to organizing this new Nation, the people were careful to guard against the abuses of the past. Thus they not only specified definitely the powers conferred upon the United States, but (Sections 9 and 10 of Article I) positively stated certain things which the United States could not do.

_The people also were suspicious._ The experience of the human race with governments justified this suspicion. When the Const.i.tution was submitted to the people, many protested that the individual liberties of the people were not sufficiently guarded; and before the people consented to ratify the Const.i.tution, it was necessary that they should be given a.s.surance that upon the ratification of the Const.i.tution, amendments would be proposed and submitted to the people, expressing clearly the guaranties given to the people against improper exercise of power by the National government and especially protecting the liberty of all the people. These amendments, which const.i.tute the Great American Bill of Rights, were proposed by Congress in 1789 and were ratified by the States in 1791.

Now let us get the foregoing brief summary fixed in our minds.

The Const.i.tution is a partnership between the people and the Nation in which the people (1) grant to the Nation certain specific powers; (2) restrain the Nation from exercising powers not granted; and (3) in many particulars direct the manner in which the powers granted shall be exercised. The Const.i.tution also provides for what may be termed the "machinery of government". It separates the powers of government into three divisions: the legislative, the executive, and the judicial. It then provides for the officers (the agents or servants of the people), who shall exercise the powers of each department, and prescribes certain qualifications for such officers, the methods of their selection, and the terms of such officers.

In Article I we find certain qualifications for Senators and Representatives-the length of their term of service. Senators are elected for six years, Representatives for two years. There are also certain provisions as to their election, the organization of the Senate and House, to some extent the method of procedure, and direction as to the exercise of certain powers.

Article II of the Const.i.tution fixes certain qualifications for President of the United States, the executive head of the Nation; provides the manner of the election of the President and the Vice President, confers certain powers and duties, provides that the term of office of President and Vice President shall be four years, and designates the causes for which they may be removed by impeachment.