The Constitution Of The United States Of America
THECONSTITUTIONOF THEUNITED STATESOF AMERICAPeople's EditionTHE CONSTITUTIONAL LEAGUE OE AMERICA122 WEST FORTY-NINTH STREETNEW YORK
THECONSTITUTIONOF THEUNITED STATESOF AMERICAPeople's EditionPublished Section by Section, withBrief Notes on Points of Every-day ValueEdited byMATTHEW PAGE ANDREWS, M. A.Author of "The American’s Creed and Its Meaning,” "History ofthe United States,” "A Heritage of Freedom,” Etc.Copyright 1920The Constitutional Leagueof AmericaTHE CONSTITUTIONAL LEAGUE OF AMERICA122 West Forty-ninth Street.New York
The CONSTITUTIONAL LEAGUEOF AMERICANational CommitteeFranklin K. LaneMaj. Gen. Leonard WoodTheodore RooseveltMorgan J. O'BrienJames Cardinal GibbonsGuy EmersonWilliam H. EdwardsCharles E. HughesA. Mitchell PalmerAlfred E. SmithHerbert C. Pell, Jr.Bishop Charles S. BurchJeremiah W. JenksWilliam B. MarshGen. John J. PershingHerbert C. HooverFranklin D. RooseveltWilliam PhillipsRev. Joih SilvermanJosephrtiganManny Strausswm. deforest maniceTreasurerJEROME A; MYERSDirectorWhat It Is:The Constitutional League is a voluntary association ofcitizens who believe in the Government of the United Statesand who consider its underlying principles, as evidenced bythe Constitution, a true expression of the fundamental rightsand liberties of the people.Its Platform:If the people of America read and understand the Consti tution of the United States, there will be no question of anyother form of government for America.What It Proposes to Do:1.Put a copy of the United States Constitution into everyone of the twenty million homes in America.2.Explain the Constitution by the spoken word in everypublic forum.3.Translate the Constitution into not less than sixteenforeign languages commonly [spoken and read byAmericans of foreign birth and extraction.4.Explain the Constitution by means of motion pictureslides and films in the 16,200 motion picture houses ofAmerica.What It Will Accomplish:1.The preservation of American ideals.2.The development of a clearer and more general under standing of these ideals by all the people.3.The encouragement of any activity, whether or notinitiated by the League, which will lead to soundAmericanism.4.The encouragement of open discussion of questions af fecting the fundamental principles upon which Amer ican institutions are based.5.The education of the people in the principles underlyingthe Constitution of the United States.uy7U72Transfer1 1920
TPREFACElHE important parts of the Constitutionarethose whichguardthe rightsofAmerican citizens and guarantee life,liberty, and the pursuit of happiness.In themare set forth the great 'principles of governmentthat all Americans should know.These principles, touching directly the lives ofall of us, are made the basis of comment in thefollowing pages.This comment follows the pub lication, section by section, of the Constitution.Attention is drawn only to the more vital partsso that anyone may, in a short while, get aworking knowledge of the frame work of the gov ernment under which we live.In order to be brief, space is not taken up indiscussion of historical or legal points whichhave little bearing on the everyday interests of theaverage citizen.Comment upon these less prac tical matters is omitted as not in keeping withthe aims of this “popular edition” of the Amer ican Declaration of Government, a declarationdescribed by a great European statesman as“the most wonderful work ever struck off at agiven time by the brain and purpose of man.”
MFOREWORDEN cannot live apart from theirfellow men.Since men cannot liveby themselves, they form groups; andthese groups soon begin to live under some formof government.Why Government?Governments are either set up under kingsand autocrats, or the people themselves createtheir own government through their chosenrepresentatives. There can be no questionwhether or not government shall remain. Theonly question is what kind of government weshall have.Government and CivilizationCivilization is a product of government andis the result of man’s success in raising himselfabove the level of beasts. The moment menget together and agree to any kind of plan, civi lization begins. By means of government, civi lization aims to increase human happiness byrestraining wrong and protecting the weak.Should these first aims of government be given up,men would again become savages, and nothingzoould be safe. Every man’s life would be in thehands of those stronger than he. So would hiswife, his children, his home, and everything hemay possess.Good CitizenshipA good citizen is one who knows how to livewith his neighbors. No baby is born a goodcitizen, for a baby does not think of anyone buthimself. A baby may, and does, however, growinto a citizen who is either bad or good, accord ing to training, surroundings, and opportunity.Whatever the baby may become, he or she has adesire to do right—a desire no man or woman
ever altogether loses. This is what makes forhope in the world when everything, at times,seems hopeless. It is the moral instinct—theinstinct to be “square ” which, little or big, existsin every human being.Self-Government Based on Self-ControlThe safety of self-government among freemen is based on the self-control of those whovote and thereby make new laws or change oldones. Those who have not learned to controlthemselves are usually controlled by others. Eitherthey are driven along by a few, or else they areled along to their own undoing by smoothtalking men who, to get power for themselves,promise many things they know they cannot orought not to carry out.The power of public opinion is the greatestpower in the world. Among civilized humanbeings, the ballot must more and more take theplace of the bullet. Intelligent use of the ballot,together with respect for the will of the majorityof the people, makes for the greatest amount offreedom and happiness for all.Knowledge of the Constitutionthe Concern of AllAmerica is the happiest and most prosperouscountry in the world today, largely because ithas been able to use the ballot longest and thebullet least. Although a young nation amongthe great Powers of the Earth, the UnitedStates of America has the oldest form of govern ment; or, more accurately, the one which haslasted longest without destructive change. Itmust be a matter of the highest interest to everyAmerican citizen, native-born or adopted, to knowhow such a Government was created, how it oper ates, and how it may be made the means of furtherprogress in promoting human happiness.
Origin of the ConstitutionIn 1783, thirteen American States, with fewer people inall of them than now make up the population of the city ofNew York, had won their independence afterThe Oldseven years of war against the rule of a selfon e erationwjjjecj k;ng. For several years more, they triedto live under a loose form of government called a Confederation.This Government was very weak because each Statewanted to have its own way in too many things. Since,therefore, the central Government was weak, the States be gan to drift farther and farther apart, so that all the fruits ofliberty and independence, got together at great sacrifice by thepeople, seemed about to be lost. Like a bundle of sticks, theThirteen States were strong if bound together. Separated,however, all might have been easily broken by any power fromwithout.In 1787, therefore, a number of the best and wisestmen from all the States came together in convention anddrew up a stronger form of government, which Tthe ti0nthey Set OT iFederal Union e Constitution of the United States.document known asOn September 17, 1787, the Conventionadopted this plan of popular government and it was submittedto the several States for approval or rejection. By June 21,1788, the required number of States had ratified the Consti tution; and, on April 30, 1789, it was put into effect with theinauguration of George Washington, the first President of theRepublic. Since then it has bestowed a greater amount offreedom and happiness upon a greater number of humanbeings than any form of government ever devised by man.
in Order to form a more perfect Union, establish Justice, insure domesticTranquility, provide for the common defence, promote the generalWelfare, and secure the Blessings of Liberty to ourselves and ourPosterity, do ordain and establish this Constitution for the UnitedStates of America.In these fifty-two words, the framers of theConstitution of the UnitedStates, actingfor the people, set forth the purpose of theirlabors.Herein is stated all that they plannedto do and all that the Government of the UnitedStates has done or may expect to do.First, the founders of the Constitution created“a more perfect union” of the several Statesunder a popular form of government.Secondly, they planned to insure justice andpeace at home, and a means of common defenseagainst foes without.Finally, in the Constitution itself, they pro vided for the preservation of the “blessings ofliberty,” which they had won for themselvesthrough the sword, and which they hoped toleave to their children to enjoy forever.
THECONSTITUTIONARTICLEOFTHEISection I1. All legislative Powers herein granted shall be vested in a Congressof the United States, which shall consist of a Senate and House of Repre sentatives.Most of us know that Congress is the body whichmakes the laws of the Nation and that it sits in Wash ington. Beyond this, how many of us have taken thepains to find out how the machinery of our NationalGovernment works?This machinery is set up in the Seven Articles of theConstitution and the several Amendments.The powers of Congress are not only stated in thebody of the Constitution, but it is made clear that they. .are granted by the people. The source,of the Powersof Congresstherefore, of all the powers of Congress liesin the people, whose delegates in 1787 drewup the Constitution and provided thepeople with the means of changing it.Section II1. The House of Representatives shall be composed of Memberschosen every second Year by the People of the several States, and theElectors in each State shall have the Qualifications requisite for Electorsof the most numerous Branch of the State Legislature.2. No Person shall be a Representative who shall not have attainedto the Age of twenty-five Years, and been seven Years a Citizen of theUnited States, and who shall not, when elected, be an Inhabitant of thatState in which he shall be chosen.3. Representatives and direct Taxes shall be apportioned among theseveral States which may be included within this Union, according totheir respective Numbers, which shall be determined by adding to thewhole Number of free Persons, including those bound to Service for aTerm of Years, and excluding Indians not taxed, three fifths of all otherPersons. The actual Enumeration shall be made within three Yearsafter the first Meeting of the Congress of the United States, and withinevery subsequent Term of ten Years, in such Manner as they shall byLaw direct. The Number of Representatives shall not exceed one forevery thirty Thousand, but each State shall have at Least one Repre sentative; and until such enumeration shall be made, the State of NewHampshire shall be entitled to chuse three, Massachusetts eight, Rhode-8
UNITEDSTATESOFAMERICAIsland and Providence Plantations one, Connecticut five, New York six,New Jersey four, Pennsylvania eight, Delaware one, Maryland six,Virginia ten. North Carolina five. South Carolina five, and Georgia three.4. When vacancies happen in the Representation from any State,the Executive Authority thereof shall issue Writs of Election to fill suchVacancies.5. The House of Representatives shall chuse their Speaker andother Officers; and shall have the sole Power of Impeachment.The important facts that concern us in Paragraph 1are that the Congressman who represents us is “chosen”every second year; and that the people ofChoice andthe several States decide who shall be perto vote in eac State. Pennsylvania, for example, may have for its “elec tors” or voters “qualifications” or require ments quite different from those laid down by the laws ofIllinois, Michigan, or California, and they may also bedifferent from those in the neighboring States of Ohio andMaryland.In Paragraph 2, the Constitution shows clearly toall the world the liberal spirit in which America wasfounded; for a foreign-born citizen may be elected to theNational House of Representatives after only sevenyears’ residence in the United States.The greater part of Paragraph 3 in Section II relatesto matters of historical interest only. That which chieflyconcerns us now is that this Section determines how manyRepresentatives there shall be in the Lower House ofCongress. The number allotted to each State is based onits relative population. The 66th Congress (1919-1921)numbered 435 Representatives, and its membershipwas based on the census of 1910.Direct taxes, apportioned according to the popula tion of the several States, are not now made use of by theFederal Government. National or Federal funds areraised almost wholly by means of stamps, personal andcorporation income taxes, excess profits taxation, and*the House ofRepresentatives9
THECONSTITUTIONOFTHEduties on imports of foreign goods. (See Section VIII,also Amendment XVI, on “taxes, duties, imposts, andexcises,” etc.)In Paragraph 4, attention is again drawn to the dual or“two-sided” nature of the American form of Government;namely, (1) the several State Governments, on the one hand,and (2) the Federal Government at Washington on the other.In this case, the Governor of the State concerned is giventhe power by the Federal Congress to call a special elec tion to fill any place made vacant in the representation ofhis State in the Lower House of Congress. State Sover eignty—National Union is the motto of the great State ofIllinois.In Paragraph 5, the Constitution empowers the Houseof Representatives to “impeach,” or call to account.Federal officials for crime or misdemeanor. One Presi dent was “impeached” by the House of Representatives,but was acquitted after trial in the Senate, the ChiefJustice of the Supreme Court presiding.Section III1. The Senate of the United States shall be composed of two Sen ators from each State, chosen by the Legislature thereof, for six Years;and each Senator shall have one Vote.2. Immediately after they shall be assembled in Consequence of thefirst Election, they shall be divided as equally as maybe into three Classes.The Seats of the Senators of the first Class shall be vacated at the Ex piration of the second Year, of the second Class at the Expiration of thefourth Year, and of the third Class at the Expiration of the sixth Year;so that one third may be chosen every second Year; and if Vacancieshappen by Resignation or otherwise, during the Recess of the Legislatureof any State, the Executive thereof may make temporary Appointmentsuntil the next Meeting of the Legislature, which shall then fill such Va cancies.3. No Person shall be a Senator who shall not have attained to theAge of thirty Years, and been nine Years a Citizen of the United States,and who shall not, when elected, be an Inhabitant of that State for whichhe shall be chosen.4. The Vice President of the United States shall be President of theSenate, but shall have no Vote, unless they be equally divided.10
UNITEDSTATESOFAMERICA5. The Senate shall chuse their other Officers, and also a Presidentpro tempore in the Absence of the Vice President, or when he shallexercise the Office of President of the United States.6. The Senate shall have the sole Power to try all Impeachments.When sitting for that Purpose, they shall be on Oath or Affirmation.When the President of the United States is tried, the Chief Justice shallpreside: And no Person shall be convicted without the Concurrence oftwo-thirds of the Members present.7. Judgment in Cases of Impeachment shall not extend furtherthan to removal from Office, and disqualification to hold and enjoy anyOffice of honor. Trust, or Profit under the United States: but the Partyconvicted shall, nevertheless, be liable and subject to Indictment, Trial,Judgment and Punishment, according to Law.Section IV1. The Times, Places and Manner of holding Elections for Senatorsand Representatives, shall be prescribed in each State by the Legislaturethereof; but the Congress may at any time by Law make or alter suchRegulations, except as to the Places of chusing Senators.2. The Congress shall assemble at least once in every Year, andsuch Meeting shall be on the first Monday in December, unless they shallby Law appoint a different Day.Section III relates to the Upper House of Congress,or the Senate. The framers of the Constitution believedthat the Senate should be composed of*Ch iC f more experienced men; viz., over 30 years f age and of at least nine years’ residence inthe United States. They also believed thatthe Senators ought to be chosen by the Legislatures of theseveral States for a period of six years, three times as longas the term of a Representative in the Lower House.The several States, without regard to their size or popu lation, have two Senators each. With 48 States, there fore, the Senate to-day has 96 members.It was so arranged at the beginning that one-tliird ofthe Senate should come up for re-election “every secondyear” In case of resignation, death, or disability, theGovernor of the State concerned was originally given thepower of appointment of a temporary successor until theState Legislature should elect a new Senator. Amendthe Senate11
THECONSTITUTIONOFTHEment XVII, (page 31), however, provides for the directelection of the Senators by the people, as in the case of theHouse of Representatives.Section V1. Each House shall be the Judge of the Elections, Returns andQualifications of its own Members, and a Majority of each shall constitute aQuorum to do Business; but a smaller Number may adjourn from day today, and may be authorized to compel the Attendance of absent Members,in such Manner, and under such Penalties as each House may provide.2. Each House may determine the Rules of its Proceedings, punishits Members for disorderly Behavior, and, with the Concurrence of twothirds, expel a Member.3. Each House shall keep a Journal of its Proceedings, and fromtime to time publish the same, excepting such Parts as may in theirJudgment require Secrecy; and the Yeas and Nays of the Members ofeither House on any question shall, at the Desire of one-fifth of thosePresent, be entered on the Journal.4. Neither House, during the Session of Congress, shall, withoutthe Consent of the other, adjourn for more than three days, nor to anyother Place than that in which the two Houses shall be sitting.Section V relates to the management of the businessand the discipline of the members of the House and theSenate.Any American citizen may keep informed on thedoings of Congress by reading the Congressional Record,which publishes daily the proceedings of the bcipline f ouse w en Congress is in Session. InCongressmany cases, Congressmen and Senators areglad to send out their speeches or arguments.These speeches, at request of the members, are publishedby the Government Printing Office in special pamphletform and “franked,” or sent free of postage, to those whowish them or who may be interested in reading them.Section VIl.# The Senators and Representatives shall receive a Compensationfor their Services, to be ascertained by Law, and paid out of the Treasuryof the United States. They shall in all Cases, except Treason, Felonyand Breach of the Peace, be privileged from Arrest during their Attend-12
UNITEDSTATESOFAMERICAance at the Session of their respective Houses, and in going to and re turning from the same; and for any Speech or Debate m either House,they shall not be questioned in any other Place.2. No Senator or Representative shall, during the Time for whichhe was elected, be appointed to any civ
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