CHAPTER XXXV

THE FEDERAL CONSTITUTION

334. The Outline of a Constitution. We come now to the law which organized a government for our Union. Three organs of government are needed: a legislature to make laws, a court to try cases, and officers to enforce the law and do other work in which we coöperate. All of these organs must be described in the constitution so that we shall know how our officers are to be elected or appointed and so that they will know what their powers and duties are. If we form a union of Statés, and if in such a union the power of the States must be limited so that the union will be strong, then the constitution must mention those things which the States may not do. But we must also make an arrangement for changing the constitution. Times change and so do our ideas about the powers of government. Therefore we shall find differences of opinion about the powers and duties of our Federal union. These differences can be safely settled only if we have a way of changing the government whenever it is in need of improvement.

335. The Legislature for the Union. We have already had some discussion of the Congress, but we did not discuss the methods of electing its members. We saw that the upper house or Senate has two members from each State. At first the constitution provided that the States should elect Senators through their legislatures. But a

few years ago the method was changed by the seventeenth amendment, which requires that the Senators must be elected by popular vote. The change was made to prevent the election of Senators from interfering with the other work of the State legislatures and to make Senators more directly responsible to the people. We also saw that the States do not all have the same number of Representatives in the lower house of Congress. These members are distributed in proportion to the population, which arrangement gives the more populous States a large number. For the election of these members the States are divided into districts, and one member is elected from each. The members of the Senate are elected for a term of six years, and those of the lower house for a term of two years. In order that the Senate may not change too suddenly, only onethird of the members of that house are elected at a time. By this arrangement some experienced members are certain to be in the Senate all the time. If we wished to provide proportional representation in the lower house we would make larger districts and elect several members from each. This, some claim, would give the minority a better chance to be represented.

336. The Federal Courts. We have seen that the courts of the United States help in keeping the laws in agreement with the constitution. They also try cases which arise when States do not agree. To provide for this work there is a Supreme Court at the head of this part of the government. But one court cannot hear all the cases that must be tried. Therefore the country is divided into districts with a lower court in each. If the judges in a lower court seem to have made a mistake, the lawyers for one side or the other of the suit ask the Supreme Court for a new

This diagram suggests the fact that the Supreme Court of the United States reviews the decisions of any court in the country when they deal with Federal affairs. The blocks marked "A represent inferior United States courts; those marked "B" represent the State courts.

trial. In this way the decisions all over the country are made to agree with each other and the people therefore have one law throughout the country. For the lower Federal courts there are not only judges but also United States district attorneys to look after the enforcement of Federal laws, and marshals or policemen who compel people to obey the judges if they do not do so willingly. All of these servants of the United States are appointed by the President. You will notice this difference between the way of selecting these Federal officers and those of the States, where many such public servants are elected by the people.

337. Power of the Supreme Court. A little thought will show you that the Supreme Court of the United States is extremely powerful. It has the right to declare unconstitutional any law passed by Congress and so to prevent that law from being enforced. If States pass laws which seem to it to contradict the constitution of the United States this court may set them aside. If the State courts and the Supreme Court of the United States do not agree the opinion of the latter prevails. Then it must be remembered that the Supreme Court, like all other courts, has the right to

issue writs. One of these is the injunction.

If some one seems to be about to commit an act that will seriously injure some one else, the court may forbid him to do it, and if he does not obey he may be put into prison for showing contempt of the court. Another form of writ is called a mandamus, which is Latin for "we command." If an officer refuses to do what the law requires of him the judges may command him to do it, and if he resists he may be punished. A third is the writ of habeas corpus. If one is held in prison without a trial his friends may get an order from the court requiring the jailor to give a reason for holding him. The United States court may even send such a writ to a State officer. It is plain, therefore, that these courts have great powers; but if we are to have government and law some one must have power enough to enforce our law. If the court makes a mistake now and then we must not complain, for all people make mistakes; and it is better to have them made than to have no court with power enough to enforce the law.

338. Limiting the States. It is impossible to have law and order of any kind unless most of us are willing to limit our rights a little. We cannot forbid others to do as they please against us without giving up our right to do as we please against them. Just as this is true for persons in a state, so it is true for states in a league or a federation. So long as they remain separate each keeps its own rights to do as it pleases, and the strong may impose on the weak. Among such states there is no protection except through fighting, just as in anarchy in a state there is no protection for a man except through fighting with other men. Therefore, when we made our Federal constitution we denied certain powers to the separate States.

339. Some of the Limitations. The most important limit on the powers of the State governments comes from the very fact that the government of the United States is over them. They must submit to the authority of the Union. Many kinds of service, such as the post office, are given over to the central government and so kept out of the hands of the States. Much trade must be under the control of the Federal government rather than of the States. But several things are still more clearly denied to them in the constitution. Among these are the following: First, no State may form an alliance with another State or country. This restriction prevents leagues which might break up the Union. Second, no State may interfere with the money system of the Union by issuing any separate kinds of money. Third, no State may interfere with trade by laying taxes on imports or exports. You will remember that one of the main causes of quarrels between States was the laying of such taxes. Fourth, no State shall keep any army or navy without the consent of the Federal government. If States could do these things there would be danger of friction between them, and so they are all alike forbidden.

340. The President of the United States. Every useful government must have a head. The head of the government of the United States is the President. It is his duty to lead the Congress in the making of laws; to appoint the members of the court, and all other important officers of the government; and in a word to direct all the work of the Union. Some people complain that the President has too much power. They do not take the trouble to think what would happen if the President neglected his duty and did not enforce the law. Every power the President has