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New Jersey taking all of his property with him before it can
be attached for the debt. A follows him and shows in the F New Jersey court of proper jurisdiction the judgment of the
New York court with the certificate of the New York judge, the signature of the clerk of the court, and the seal of the court. The New Jersey court, without reëxamining the merits of the original claim, will give “faith and merit” to the judgment and will have its officer collect the debt for A.
Privileges and Immunities. — The Constitution specifically provides that “the citizens of each State shall be entitled to
all privileges and immunities of citizens in the several States." F (Art. IV, Sec. 2.) This means that a citizen
of one State may go to another State and there enjoy the same civil rights 1 that citizens of the latter State enjoy, and likewise be subject
to the same restrictions.
As an example of the rights a citizen of one State may enjoy in another State, the legislature of Maryland passed a law F (1868) imposing a license on the privilege of selling articles
not manufactured in Maryland. For citizens of Maryland the
license was not to exceed $150, but for citizens of other States 7 the license was to be $300. Mr. Ward of New Jersey refused ☆ to pay more than $150, and the Supreme Court of the United
States decided that Mr. Ward could not be required to pay more than citizens of Maryland.
As an illustration of a restriction upon a citizen of one State while in another State, a male citizen of Washington can not F marry in Oregon unless he is physically examined in accordance with the Oregon law and presents a health certificate.
The courts have never given a complete list of privileges and immunities, but the following are some of them: The right to pass through, or reside in any other State for the purpose of trade, agriculture, professional pursuits, or otherwise; to demand the writ of habeas corpus (see Sec. 135); to bring suit in the courts of the State; to make contracts; to buy, sell, and own property; to pay no higher taxes than the citizens of the State; to marry.
1 Civil rights are those of person and property.
Extradition. The Constitution specifically provides that “a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall on demand of the executive authority of the State
from which he fled be delivered up to be removed to the State F having jurisdiction of the crime.” (Art. IV, Sec. 2.)
Occasionally a governor has refused to surrender an accused person and neither the United States Courts nor the President of the United States have compelled him to do so. For instance, about twenty years ago ex-Governor Taylor of Kentucky was in. dicted as having been implicated in the murder of Governor Goebel, and fled to Indiana. The governor of Indiana, feeling that Taylor, a Republican, would not receive a fair trial by the excited Democrats who were then in control in Kentucky, refused to extradite him.
28. Separation of the Powers of the National Government. — The division of the powers between the National government and the State governments has been discussed. The powers of the National government are further separated into three grand departments — the legislative, the executive, and the judicial.
Legislative Department. — The Constitution of the United States provides that all legislative (lawmaking) powers of the National government shall be vested in a Congress. This body cannot authorize any other persons to legislate in its stead, but it can lay down rules and authorize others to put them into effect conditionally. For instance, it can direct the
Interstate Commerce Commission (see Sec. 117) to prescribe F reasonable railroad rates. Thereupon the Commission can
prescribe a two-cent passenger fare on condition that this low rate will allow the railroad companies to earn reasonable profits.
Executive Department. — The Constitution of the United States provides that the executive (law-enforcing) powers shall be vested in a resident, whose duty it is to see that the laws that have been made by Congress are executed.
Judicial Department. The Constitution of the United States F provides that the judicial (law-interpreting and law-applying)
powers shall be vested in one Supreme Court and such inferior courts as Congress shall from time to time ordain and establish,
29. Check and Balance System. — The legislative, executive, and judicial functions of government were vested in three separate bodies of public servants in order that each might be a check upon or balance to the other. The Constitution makers greatly feared the tyranny of a king after they had succeeded in throwing off the yoke of George III, and considered the principle of the separation of powers essential to the protection of individual liberty. Therefore, the President was given the veto power over legislation passed by Congress; Congress was given the right to impeach the President, judges,
and other civil officers; and the courts were allowed to declare Funconstitutional, and hence of no force, laws enacted by Congress.
30. Criticism of the Check and Balance System. The principle of checks and balances in government is not held in such high esteem to-day as it was a century ago. The people no longer fear the officers whom they elect every few years. They admit that mistakes or evil designs of one department might be checked by another, but they have also come to realize that well-planned, honest policies of one department can be checked by the officers of another department if the latter are unfavorable to them.
Moreover, many laws passed by the legislative department which are theoretically good work badly when enforced by the executive department; while, conversely, the executive department is always in need of practical laws which the legislative department refuses to enact. In England, where the same persons are heads of executive departments and leaders in Parliament, this check on efficient government does not exist.
There are times when our government comes to a standstill because the departments cannot agree upon a certain policy. The ideas of any one of the departments might work well if
vigorously pushed forward; but when there is a difference of opinion between the legislative and executive departments, a political “boss,” good or bad, must mount the vehicle of state and keep it moving. Since it has become necessary to have a boss it would seem well to be bossed by the President, who is elected by all of the people and is responsible to all of the people -- at least every fourth year.
31. Constitutional Amendments. - The legal methods of amending the Constitution of the United States are more difficult than those of any other nation. There are four ways of amending it. First, an amendment may be proposed by a two-thirds vote
of each House of Congress and ratified by the legislatures of three fourths of the States. All of the amendments have been adopted in this manner. F Second, an amendment may be proposed by a two-thirds vote of each house of Congress and ratified by conventions in three
fourths of the States. The disadvantage of this method is the ľ fact that there is only one opportunity in each State for its
ratification; whereas, under the first method, if one legislature refuses to ratify, a subsequent one can do so. But when a legislature once ratifies, it cannot rescind. p Third, an amendment may be proposed by a National Convention, called by Congress when requested by the legislatures of two thirds of the States, and ratified by the legislatures of three fourths of the States.
Fourth, an amendment may be proposed by a National Convention, called by Congress when requested by the legislatures of two thirds of the States, and ratified by conventions in three fourths of the States. The Constitution was originally adopted in this manner. Referendum Denied. - In 1920 the United States Supreme
Court ruled that State legislatures may not refer federal amendments to the people but must pass upon them alone.
1 See Art. V of the Constitution, p. 443
FOUR WAYS OF AMENDING THE CONSTITUTION OF THE
LEGISLATURES - vote of each House
off of the States
As soon as the government of the United States was esI tablished the first ten amendments were added to the Constitu
the eleventh amendment was added in 1798; the twelfth, in 1804. For sixty-one years no other amendment was added until the Civil War resulted in the ratification of the thirteenth (1865), the fourteenth (1868), and the fifteenth (1870). Since then hundreds of proposals have been introduced, but only four have been submitted to the States; the sixteenth, providing for
a federal income tax, and the seventeenth, for the popular F election of Senators, were both ratified in 1913; the eighteenth
providing for nation-wide prohibition was ratified in 1919; and the nineteenth providing for woman suffrage was ratified in 1920.
Thus is the Constitution formally amended. Owing to the [difficulty of persuading two thirds of the members of Congress = to propose an amendment and three fourths of the States to
ratify it, the Supreme Court has been led to give an elastic construction to the Constitution. 32. Constitution Adaptable to Economic Changes.
While we have referred to the Constitution as an agreement, it is not an agreement in the sense of a contract which must be interpreted exactly as the parties to the contract understood it when it was entered into. When the Constitution was drafted in 1787 there
1 Congress determines whether an amendment is to be ratified by State Lagislatures or by State Conventions.