The Short Constitution Part 5

V. AMERICA-A REPUBLIC

A Representative Form Of Government Under The Const.i.tution

As I stated to you in our last discourse, America is a democracy, but it is also a republic. It is a democracy in its spirit and the power of its people, but in the mode of exercise of the power of the people it is a republic. We often hear America referred to as a "representative democracy". If America were merely a democracy there would be no fixed method for expressing the wishes or the power of the people. In a pure democracy, people having full power would naturally a.s.semble from time to time to decide by the vote of all those present what should be done for the public good.

You will hear of the "town meeting" which even to-day in some parts of New England is held from time to time, where the people a.s.semble, and by vote decide matters of public concern.

But this is now a Nation of more than one hundred and five million people.

We have forty-eight States, many of them very populous. When the Const.i.tution was adopted, there were only about 3,900,000 people in all the States; but those who framed the Const.i.tution looked into the future and could see something of the wonderful growth of the Nation which they were planning. Of course it is easy for anyone to see that in a large country like this, with a large population or a population as large as it was at the time when the Const.i.tution was adopted, it would be impossible for all the people to a.s.semble in a meeting to vote directly upon the pa.s.sage of necessary laws, or to provide for taxation, or to conduct the general business of the State or the Nation. You can see how absolutely impossible it would be in these days to have the people of the United States a.s.semble at the National capital to vote on any law, or to make any appropriation, or to provide rules for exercise of governmental power.

Therefore you can readily see that the founders of this country very wisely realized that the only government possible would be what is known as a representative government, a democracy where the people would have all the power, but a republic wherein the people would express that power, not directly, but through representatives or agents chosen by them.(17)

The government of the United States and that of each of the States is sub-divided into three parts: the executive, represented by the President or the Governor, the legislative, represented by Congress or the legislature, and the judicial, represented by the courts.

Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.

As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Const.i.tution of the United States, which in the long ago was adopted by the people of thirteen small States.

Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.(18)

The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers-executive, legislative, and judicial-are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.

It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the "initiative" and "referendum" in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.(19)

The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.

The power of the people always continues. A law may be pa.s.sed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.

We are inclined to consider the term "representative government" as relating particularly to the enactment of laws, but this is a representative government not only in the making of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.

ELEMENTARY QUESTIONS

1. In what respect is America a republic?

2. What is the difference between a republic and a Republican?

3. What was the population of America when the Const.i.tution was adopted?

4. Why was it impossible to have all the people a.s.semble to adopt laws?

5. What is meant by a representative of the people?

6. Suppose a representative does not represent the people as they wish.

What can they do about it? Give ill.u.s.trations.

7. Into what parts is the government of the United States divided?

8. How are the powers and duties of representatives of the people defined?

Why does the judge say that the people really have the power and that this power continues?

ADVANCED QUESTIONS

A. What is the fundamental law of the United States? Why is it fundamental?

B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?

C. How can we influence the votes of our representatives?

D. If you know that your representative is likely to vote against your own wishes, what can you do about it?

E. How soon may a law be changed after it has been pa.s.sed?

F. What is meant by "initiative, referendum, and recall"? How have they worked out in practice?

G. Write a paper on the following:

The Difference between a Democracy and a Republic

How the Public Can Make Their Representatives Represent Them

Why America Could Not Do Without Representatives

The New England Town Meeting

VI. LAW

Necessity For Rules Of Human Conduct For Guidance And Restraint

This morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.

Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.

Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.(20) The law is not intended for any one cla.s.s of people, but it applies to all cla.s.ses of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.

_What is the law_, or what is a law?(21) There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers-those who have authority over others, those whose duty it is to direct the conduct of others.

Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may a.s.sociate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.