to the other, for both are controlled directly by the people of the entire Union. To perform the task assigned it, each is complete within itself for certain purposes, but incomplete without the other for the great purpose it subserves - the government of the American people. we character. 220. The Relation of the State and National Constitutions. Supple- When considering the constitutions of the states, mentary noticed that they must be changed if they conflict with the national Constitution. The reason for this is really very simple: the Constitution of the United States is just as much a part of the fundamental law of every state as is the constitution of that state. Any state constitution is intended to supplement that of the nation within that state, since the United States Constitution is intentionally silent regarding the greater part of the state's government and work. The law of any state, and of the states taken as a whole, consequently, includes five things: (1) the Constitution of the United States; (2) laws passed by Congress in accordance with the Constitution; (3) treaties made by the national government; . (4) the constitution of the state; (5) the laws made by the state legislature. That the Constitution of the United States is a real part of the law of every state may be shown by the constitutional requirement that all members of the state legislature, and all executive and judicial officers of the state, shall be bound by oath or affirmation to support the national Constitution. tions. Under ordinary circumstances, these laws and constitu- Conflict of tions supplement each other; but they may conflict. In that constitucase, the courts are authorized to set aside one of the conflicting articles. Such an article in the state law must yield to any of the others, and an article in a state constitution must give way to the laws of the nation, the treaties, and the United States Constitution; for these three are "the supreme law of the land, and the judges of every State shall be bound thereby, anything in the Constitution or laws of the state to the contrary, notwithstanding." 221. The Unity of Our Federal System is emphasized in The execution of law. the working relations of the national and state governments. Each has its own duties, which with few exceptions are different from those of the other, and which it performs through its own officials. United States laws are enforced by national executive officers and interpreted by national courts, side by side with the laws of the states carried into effect by officials of the states. Every person within the boundaries of a state is subject, therefore, to the jurisdiction of the state and the national governments. He renders obedience to both, because both are doing work assigned to them by the people of the whole Union. If, by any possibility, both try to force him to obey laws which relate to the same subject, but which are incompatible, he must learn, first of all, whether the national government has authority to make the law which it wishes him to obey. If it has this right, he must obey it without question; if it exceeded its authority in passing the law, he must obey the state officials. Obedience may be rendered to officials belonging to the state government or to national officials; in reality it is rendered to the people of the United States, who are represented by both sets of these officials. In other words, a citizen's ALLEGIANCE is not divided, for it is due to the people of the whole nation, who are sovereign, and to them alone. General References Hinsdale, The American Government, §§ 98-165, 223–233, 419-445, 623-631, 644-652, 655-658, 763–772. Ashley, The American Federal State, §§ 77–105, 120, 212, 228–254, 554 562. Bryce, The American Commonwealth, abridged ed., 224–284. Beard, American Government and Politics, 1-77. Topics SOURCES OF THE CONSTITUTION: Curtis, in Winsor, Narrative and Critical History of America, VII, 237-246; Johnson, A., in New Princeton Review, IV (1887), 175 et seq.; Bryce, The American Commonwealth, abridged ed., Chaps. II-IV; Taylor, English Constitution, I, 1–79; Robinson, J. H., in Annals of the American Academy, I, 203–243. LAST TWO COMPROMISES (1787): Fiske, Critical Period, 262-267; 301-305; McLaughlin, Confederation and Constitution, 260-265; Cambridge Modern History, VII, 278–283. THE NATION AND THE STATES: Ashley, The American Federal State, 197-223; Beard, American Government and Politics, 145-165; Bryce, The American Commonwealth, 4th ed., I, 312–359; Reinsch, Readings in American Federal Government, 731-825; Willoughby, The American Constitutional System. Studies 1. Stamp Act Congress. Howard, Preliminaries of the Revolution, 145-149, 154-157. 2. First Continental Congress. Wilson, History of the American People, II, 193-201. 3. Character of the Declaration of Independence. Tyler, M. C., in North American Review, 163 (1896), 1-10. 4. Nature of the Confederation. Fiske, Critical Period, 98–101. 5. Objections to the Constitution. McLaughlin, Confederation and Constitution, 277-281, 287-288. 6. The development of the Constitution. Bryce, The American Commonwealth, abridged ed., 271-284.. 7. Constitutional changes during the Civil War period. Ashley, American History, §§ 383-387. 8. The advantages of federal systems. Ashley, American Federal State, 200-204. 9. The working relations of the national and state governments. Bryce, The American Commonwealth, abridged ed., 233–242. Questions 1. Make a table comparing the unions before 1775, stating cause of each, number of colonies represented, permanence, work accomplished, and degree of union represented. 2. Compare the early unions with the second Continental Congress and the Confederation in respect to success as a union, organization of central government, powers actually exercised, and degree of real union. 3. Name one general and four specific defects of the Confederation. Was it possible to form a new satisfactory union on the basis of state sovereignty? What did the constitutional convention of 1787 do? 4. Look up and answer the following questions and points from your copy of the Constitution. a. What is the difference between the qualifications of senators and representatives? (Constitution, Art. I, §§ 2, 3.) b. What is the process of legislation? (Art. I, § 7.) c. Name the chief powers of Congress. (Art. I, § 8.) Why is the name "elastic clause" a good one for clause 18, § 8, of Art. I? d. What restrictions are placed upon Congress in spending money? (Constitution, Art. I, § 9, cl. 7; § 8, cl. 12.) e. Give the chief prohibitions placed upon the states. f. Who may be elected President? (Art. II, § 1, cl. 5.) President chosen? (Amendment XII.) (Art. I, § 10.) How is the g. May the President pardon a person guilty of treason? How are treaties made? (Art. II, § 2.) h. What national courts are, created solely by law of Congress? (Cf. § 23 with Constitution, Art. III, § 1.) i. Why are all state officials compelled to take oath to support the Constitution of the United States? (Constitution, Art. VI, § 1, cl. 2; cf. § 219 of this book.) 5. Quote the preamble of the Constitution. Quote the elastic clause. Quote the first sentence of the Fourteenth Amendment. 6. In what ways may the Constitution be amended? (See if you can find four ways.) What interval of time elapsed between the Twelfth and Thirteenth amendments? between the Fifteenth and Sixteenth amendments? Is the method of amendment too easy? too difficult? 7. Give a definition of the unwritten constitution. Show how the unwritten constitution has changed either the composition or powers of the legislative branch of the national government; of the executive department; of the national courts. 8. What five kinds of law make up the law of any state? Why is every person subject to the jurisdiction of two sets of governments if his allegiance is not divided? CHAPTER XIII THE NATIONAL GOVERNMENT CONGRESS houses 222. The American Congress. The Congress of the Composition United States, like the legislatures of the states, is composed of the two of two houses, one of which is much larger than the other. Unlike the houses of the state legislatures, those of Congress are quite different in character, as the members of the Senate, or upper house, are supposed to represent the states, whereas the members of the House of Representatives are chosen by the people of the nation, from districts of nearly equal population. The term of office of the senators is six years, one third of them retiring every two years, thus making the Senate a continuous body. The members of the House of Representatives are chosen for a period of two years. According to the original Constitution, the senators were Election of elected by the state legislatures.1 As this did not meet the twentieth century demand for more popular representation in the making of laws, the Seventeenth Amendment in 1913 provided that senators shall be elected by popular vote. The election of members of the lower house occurs on the regular election day, the Tuesday after the first Monday of November in the even numbered years. According to the American custom, no one except a resident of the district for which the member is chosen may be selected as a con-. gressman.2 Since there is no national suffrage law, each 1 According to the Constitution, no one may be elected senator, unless he is at least 30 years of age, has been 9 years a citizen of the United States, and at the time of election is an inhabitant of the state for which he is chosen. 2 No one can be elected to the House of Representatives who is not at least 25 years of age, has not been a citizen of the United States 7 years, and is not at the time of his election an inhabitant of the state in which he is chosen. senators. Election of members of the lower house. |