Our national government. A brief catechism and reader on the Constitution of the United States, for elementary schools, academies, and colleges

Preface

HE author lays before the teachers of this country this short treatise on the Constitution of the United States with the hope that it may render this study interesting* and profitable.

It is to be deplored that this branch of study is entirely neglected in most of our common schools and academies. For an excuse it is urged that the branch is too difficult for children. Why should it be? The pupils are required to learn a hundred and one questions in Geography and other branches, that are more difficult than those in this book. Much of this knowledge has no practical value for the child in after life. Why not devote some of the time, thuf6 lost, to a study that has actual value? One of the principal objects of education is, to make good and loyal citizens. How can a school accomplish this, where the children are not instructed in their duties and rights as citizens? Ask the pupils at school almost any reasonable question in Geography, History, etc., and many are ready to reply without hesitation. But ask them what is needed, when they grow up, to entitle them to vote; what Congress is, etc., and profound silence reigns in the schoolroom. Why should this be so? Is a knowledge of these facts of no importance to the children? Every teacher, deserving of the name, can find the correct answers to these questions.

The plan laid down in this work, is the one followed by the author for the last fifteen years in teaching* this branch to pupils between the ages of eleven and fourteen years.

When a short course is desired, the author begins with the Constitution. The pupils are required to memorize the answers not marked with an asterisk. All the other matter contained in the book, is read by the pupils and discussed with them. Two or three classes per week, say of fifteen minutes each, are sufficient to complete the short course in one term.

The long course embraces all the answers, leaving it to the judgment of the teacher, however, to omit such answers as he deems not of sufficient importance to be committed to memory. The author uses the long course in this manner: The pupils of the 6th grade memorize all answers'not marked with the asterisk. The pupils of the 7th grade review the answers memorized in the 6th grade, and also learn those marked with the asterisk. One or two lessons a week are sufficient to complete the long course if extended to two years. If, however, only one year is allotted to this study, two or three classes a week are required. Any teacher capable to teach the common branches can, with the aid of this little book, teach this

branch successfully.

THE AUTHOR.

Our National Government.

CHAPTER I. Government in General

1. What is government?

Government is the organized power by which a state or nation manages its affairs and insures its existence.

2. What should be the object of every government?

The object of every government should be the establishment, preservation, and promotion of the public welfare.

3. How is this object attained?

This object is attained by enacting and enforcing good laws.

4. Name the principal forms of government.

The principal forms of government are the Monarchial and the Democratic.

*5. What is a Monarchial Form of government?

A Monarchial Form of government is one in which the authority to govern is vested in one person, called Emperor, King, Prince, etc. .

Monarchies are either limited or absolute. In a Limited Monarchy the ruler only enforces the laws made by an elective law-making body of that government. To make these laws valid, the ruler's assent is necessary. He must obey all laws as every other citizen. All important monarchies of the present day are limited. Examples — Great Britain, Germany, Japan, etc.

In an Absolute Monarchy the ruler makes and enforces the laws at his pleasure. He himself is accountable to no earthly authority. The property, liberty, and life of his subjects are at his disposal. The fear of personal violence and of revolution, however, is a powerful check on his lawless desires. Examples — Russia, Turkey.

6. What is a Democratic Form of government?

A Democratic Form of government is one in which the authority to govern is vested in the feoj)le — either as a body, or in their representatives.

A Democracy in which all the qualified voters of the state or nation meet to make and execute the laws, is called a Pure or Absolute Democracy. This form of democracy is not practicable, and is virtually extinct.

A Democracy in which the people are governed by representatives, chosen by themselves, is called a Representative Democracy, or a Republic, This form of democracy is practicable, and is found in all important republics.

7. What is a Republic?

A Republic is a country in which the laws are made and executed by men elected by the voters of the country. Examples — United States, France, etc.

Our Government is sometimes called a Federal Republic, because it is a republic arising- from the federation or union of many smaller republics, called States.

CHAPTER H.

Our Government from 1775-1781.

8. By what were the States united from 1775-1781?

From 1775-1781 the States were united by the bonds of common interest. They had no written Constitution.

In the beginning of the war (1775) the thirteen colonies fought against England for their rights. After the Declaration of Independence, July 4, 1776, they fought for their liberty, and assumed the name of Independent States.

9. By whom were the affairs of our Government managed during this period?

During- this period the affairs of our Government were managed by the Continental Congress.

This Congress was composed of delegates from the different States. *10. What powers did the Continental Congress assume?

The Continental Congress assumed all the powers needed to maintain the independence and the safety of the States. *11. What justified Congress in assuming these powers?

The Right of Self-defense justified the Continental Congress in assuming these powers.

As the war progressed the States realized that some definite plan of government was needed, and Congress appointed a committee to draft a plan. The report of this committee was adopted by Congress in 1777, under the name of the * 'Articles of Confederation. " They were submitted to the States for ratification. Some of the States, however, were unwilling to ratify them; jealousy, rivalry, and the fear of losing their rights, were the main causes. It was not until 1781 that these Articles were ratified by the thirteen States, and became the basis of our Government.

CHAPTER III. Our Government trom 1781-1789

12. What formed the basis of our Government from 1781-1789?

From 1781-1789 a written constitution, called the Articles of Confederation, formed the basis of our Government.

These Articles united the States in a bond of friendship, chiefly for the common defense. Each State retained its independence and sovereignty, thus withholding from Congress the Supreme Power so necessary for an effective government.

13. In whom did the Articles vest the power of government ?

The Articles of Confederation vested the power of government in one body, called Congress.

This Congress could make laws, but it lacked the power to enforce them. There was no separate executive department to enforce the laws, and no judiciary department to interpret them.

14. Of whom was this Congress composed?

This Congress was composed of delegates from each State.

Each State was entitled to equal representation, and had but one vote on any question. Every State chose its own delegates by its own laws, and paid their expenses.

15. Name some of the powers this Congress had.

This Congress had power to raise armies, create navies, to coin and borrow money, to commission United States officers, etc.

The people soon realized that the Government must have more power, if the Union was to be preserved. Congress made several attempts to remedy the defects in the Art. of Conf . , but it failed.

16. Name some of the defects in these Articles.

The Articles of Confederation did not give Congress the power to levy taxes in order to pay off the National debt and to support the Government. The States had also retained the Controlling Power, leaving Congress powerless to enforce its decrees.

17. What was done to remedy these defects?

In 1787 a convention, composed of delegates from the States, met at Philadelphia for the purpose of forming a more perfect union by revising the Articles of Confederation.

18. What was the result?

The present Constitution of the United States was the result; the Articles of Confederation being too defective to admit of a revision.

19. What was done with the new Constitution?

The Convention adopted this Constitution, and laid it before Congress for approval. It was then submitted to the people, not the States, to reject, or ratify it. Eleven of the thirteen States had signed it by 1788.

According to Article VII of the Constitution, the ratification of nine States was necessary to establish these Articles between the States ratifying them.

CHAPTER IV. General View

20. What is the Constitution of the United States?

The Constitution of the United States is a written document, explaining how our Government is organized, and what powers it has.

*21. When did the Consitution go into effect?

The present Constitution went into effect during* the early part of 1789.

The introductory paragraph of the Constitution is called the "Preamble. " It names the six objects the Constitution is to accomplish.

THE PREAMBLE,

''We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

22. Name the six objects the Constitution is to accomplish.

These objects are: 1st, To form a more perfect union; 2d, To establish justice; 3d, To insure domestic tranquillity; 4th, To provide for the common defence; 5th, To promote the general welfare; 6th, To insure the blessings of liberty to ourselves and our posterity.

The 5th object is the most important

23. By whom was the Constitution ordained and established?

The Constitution was ordained and established by the people of the United States.

The Art. of Conf. were instituted by the States.

24. In whom does the Constitution vest the powers of government?

The Constitution vests the powers of government in three departments; the Legislative, the Executive, and the |udicial.

25. What are the duties of each department?

The Legislative Department makes the laws; the Executive Department enforces them; the Judicial Department interprets them.

CHAPTER V. The ^Legislative Department

"All legislative powers, herein granted, shall be vested in Congress of 1he United States, which shall consist of a Senate and House of Representatives. "

26. In whom is all Legislative Power vested?

All Legislative Power granted in the Constitution to the Government, is vested in a Congress of the United States.

The Constitution is the Supreme Law of our country. Laws made by Congress, or by the State Legislatures (General Assemblies) are called Statute Laws. The laws made by Congress bind all States. No State can nullify a law made by Congress. Any law made that conflicts with the Constitution, is unconstitutional, and is null and void.

27. Of what is Congress composed?

Congress is composed of two branches, the Senate and the House of Representatives.

Senate— Upper House; House of Representatives—Lower House. Congress is composed of two branches, to prevent hasty and dishonest legislation; one House acts as a check on the other.

CHAPTER VI. The House of Representatives

Clause 1. "The House of Representatives shall be composed oj members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the Slate % legislature. ' ■

28. By whom are the members of the House of Representatives elected?

The members of the House of Representatives are elected by the voters of the different States.

The Representatives represent the people of the United States, speaking-, acting, and voting-, for the people's interests.

29. What is the term of office?

Representatives are elected for a term of two years.

The election is held in the even-numbered years.

Clause 2. "No person shall be a Representative, who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen."

30. What are the qualifications needed to become a Representative?

To become a Representative a person must be twenty-five years old; be a citizen of the United States for seven years; and be an inhabitant of the State for which elected.

Custom has established the rule that a Representative of a district be an actual resident of that district.

Clause 3. "Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, threefifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chose three, Massachusetts eight, Rhode Island and Providence Plantation 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.

31. How many Representatives has a State?

The number of Representatives a State is entitled to, depends upon its population.

32. What is done to apportion the Representation for each State?

To apportion the Representation for each State, the census of the United States is taken up every decade year.

33. To how many Representatives is a State entitled by the census of 1900?

By the census of 1900 a State is entitled to one Representative for every 194,182 inhabitants.

34. How is each State divided to elect its Representatives?

Each State is divided into as many Congressional Districts as it has Representatives in Congress. Each district elects its own Representative.

35. How many members has the House at present (1907)?

The House of Representatives now has 391 members.

A Territory has one delegate in the H. of Rep. who may speak on all questions relating to his Territory; but he may not vote.

N. B. For table of Representation see Appendix.

Clause 4. "When vacancies happen in the representation from any State \ the executive authority thereof shall issue writs of election to fill such vacancies."

36. What is done when a vacancy occurs in the House ?

When a vacancy occurs in the representation of a State, the Governor of that State orders an election to be held in the vacant district.

The voters of this district elect a person to complete the unexpired term.

Clause 5. * ' The House of Representatives shall choose their speak er, and other officers; and shall have the sole power of impeachment"

37. Who chooses the officers of the House?

The House of Representatives chooses its own Speaker, and the other officers needed.

The Speaker is a member of the House; the other officers are not; these officers are a Clerk, Serge ant- at- arms, Doorkeeper, Postmaster, and Chaplain.

The Speaker is the highest officer of the House. He represents the House on all official occasions, and ranks next to the Vice-President. He presides at the meetings of the House, and has the privilege of selecting all the committees of this body.

The Clerk writes up the membership roll, has charge of the bills brought before the House, keeps a record of the daily business, etc.

The Serjeant-at-arms is the police officer of the House.

The Door-keeper has charge of the Hall. He admits only such persons as have a right to enter. The galleries, designed for the use of visitors, are also under his charge.

The Postmaster attends to the special post-office of the House.

The Chaplain opens the daily sessions with prayer.

38. What sole power has this House?

The House of Representatives has the sole power of impeachment.

39. What do you mean by the term "to impeach"?

To impeach is, to accuse a civil officer of the United States of official misconduct.

These officers can be impeached for treason, bribery, or other high crimes and misdemeanors.

40. Who can be impeached?

The President, the Vice-President, and all civil officers of the United States can be impeached.

The Members of Congress are not considered civil officers. Military and Naval officers must be tried before a military court.

CHAPTER VII. The Senate of the United States

Clause 1. "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years; and each Senator shall have one vote.

41. Of what is the Senate composed?

The Senate of the United States is composed of two Senators from each State.

The Senators represent the State Governments. At present (1907) there are 46 States, therefore, there are 92 members in the Senate.

42. By whom and for how long are the Senators elected?

The Senators are elected by their State Legislature for a term of six years.

Clause 2. "Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class, at the expiration of I he sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies."

*43. What proportion of the Senators is chosen every second year?

According- to the provision made in the Constitution, one-third of the Senators is chosen every second year.

By this arrangement the Senate always has a considerable number of members who are well informed on the public affairs.

44. When a vacancy occurs in the Senate, how is it filled?

When a vacancy occurs in the Senate, the Governor of the respective State appoints a person to the position, until the State Legislature meets and elects a new Senator for the unexpired term.

Clause 3. ki No person shall be a Senator who shall not have attained to the age 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 which he shall be chosen."

45. What qualifications are necessary to become a Senator?

To become a Senator a person must be thirty years old; be a citizen of the United States for nine years; and be an inhabitant of the State for which elected.

Clause 4. " The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. ' '

46. Who is the President of the Senate?

The Vice-President of the United States is the President of the Senate.

If it were not for this provision, the Vice-President would have no duties to perform, while the President continued in office.

4T. Has the Vice-President a vote on questions before the Senate?

The Vice-President, not being- a Senator, has

no vote except when both sides are equally divided

upon some question. His vote is then called the

casting- vote.

Clause 5. "The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President y or when he shall exercise the office of President of the United States."

48. Who chooses the officers of the Senate?

The Senate chooses all its officers except its President. None of the officers is a member of the Senate.

49. If the Vice-President cannot attend a meeting of the Senate, what is done?

If the Vice-President is absent from a meeting of the Senate, the Senate chooses one of its members to fill his place until he returns.

If the Vice-President dies, resigns, or becomes President, the Senator elected to fill his place, becomes the permanent President of the Senate, but not Vice-President of the United SUtes.

U. B. The term "pro tempore' ■ signifies for the time being.

Clause 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 shall preside ; and no person shall be convicted without the concurrence of two-thirds of the members present. "

50. What sole power has the Senate?

The Senate has the sole power to try all impeachments.

This judicial power is vested in the Senate, because the offense in question is more of a political than of a civil nature.

A case of impeachment is brought before the Senate by a committee from the House of Representatives. The Senate then resolves itself into a court. The President of the Senate represents the judge; the Senators, the jury. The trial is conducted similar to that in other courts.

During the trial the Senators are under oath or affirmation, to give their decision according to the evidence heard during the trial.

*51. Who presides when the President of the United States is tried? When the President of theUnited States is tried. the Chief justice of the Supreme Court presides at the trial.

52. What is required to convict a person?

To convict, or find a person guilty, a vote of two-thirds of the Senators present is required.

Clause 7. "Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

53. If convicted, what punishment can the Senate inflict?

If a person is convicted, the Senate can only remove him from office, or disqualify him from holding- any United States office in the future.

54. Is the person convicted liable to trial and punishment by law?

The person convicted is liable to trial and punishment by law, if the offense is one punishable by law.

CHAPTER VIII. Both Houses

Article I. — Section 4.

Clause 1. "The times, places, and manner, of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof, but the Congress may at any lime, by law, make or alter any regulations, except as to the places of choosing Senators,"

*55. By whom are the times, places, and manner of holding- elections for Senators and Representatives prescribed?

The times, places, and manner of holding- elections for Senators and Representatives, are prescribed by each State Legislature; Congress, however, has power at any time, by law, to make or alter these regulations, except as to the place of choosing Senators.

The time for the election of Representatives has been prescribed by Congress to be the Tuesday next after the first Monday in November of the even numbered years. Clause 2. "The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day"

56. How often and when must Congress meet?

Congress must assemble at least once a year. The meeting begins on the first Monday in December, unless Congress, by law, appoints another day.

Each Congress extends over two years, and has two regular sessions. The first session may extend over a whole year, but it must close in time for the second session to begin. The second session closes by noon on the 4th of March after its opening, because a new Congress then comes into power. The first session is called the long session, the second, the short session. The daily sittings, or sessions, begin at twelve o'clock noon, unless the members change the hour. A session usually takes up from four to six hours. When very busy, it frequently happens that one or both Houses are in session until after midnight.

Special sessions of one or both Houses are convened by the President of the United States, when business occurs that requires immediate attention.

57. In what years is a new Congress organized?

A new Congress is organized every odd-numbered year.

CHAPTER IX. The Houses Separately

Clause 1. "Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority, of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide."

*58. Who is the judge of the elections, returns, and qualifications of the members of each House?

Each House is the judge of the elections, returns, and qualifications of its own members.

Each Senator and Representative receives a certificate of his election (credentials) from the proper authorities of his State. If the validity of this certificate is questioned, a special committee is appointed in that House to examine into the matter and make a report. The person, however, is considered a member in good standing while the investigation is in progress.

59. What is a quorum?

A quorum is the number of members necessary to transact business.

60. What constitutes a quorum in either House?

A Majority in either House constitutes a quorum.

By a majority is meant more than half the members. Half or less constitutes a minority.

*61. What two privileges has the Minority?

The Minority may adjourn from day to day, or it may compel the absent members to attend, in such a manner, and under such penalties, as each House provides.

Clause 2. "Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a members*

62. Who makes the rules for each House, and punishes the members for bad behavior?

Each House makes its own rules, and punishes its members for bad behavior.

63, When can they expel a member?

If two-thirds of the members concur, they can expel a member.

Clause 3. "Each House shall keep a journal of its proceedings, and, f torn time to time, publish the same, excepting such parts as may, in their judgment, require secrecy \ and the yeas and nays of the members of either House, on any question, shall, at the desire oj one-fijth oj those present, be entered on the journal."

*64. Must each House keep a journal of its proceeding's?

Each House must keep a journal (record) of its proceedings, and publish it from time to time. The Government has its own printing office. It is controlled by Congress.

An official newspaper, the "Congressional Record,'' is daily published by Congress. It contains an account of what occurred in Congress the day before.

65. When must the vote on any question be taken by the yeas and nays?

If one-fifth of the members present desire it, the roll must be called, and the yeas and nays on any question must be recorded on the journal.

This privilege is often abused. Members opposed to the

passage of a certain bill, demand the roll-call on trifling

points; and, by this method, take up the time needed to pass

such bill.

Clause 4. "Neither House, during the session of Congress, shall,

without the consent of the other, adjourn for more than three days, nor

to any other place than that in which the two Houses shall be sitting."

66. What restriction is there to adjournment?

Neither House, during the session of Congress, has the power to adjourn for more than three days without the consent of the other House.

The adjournment of Congress depends 1st, on constitutional limitation; (no Congress can extend beyond two years); 2d, on both Houses; 3d, on the President of the United States, when the two Houses cannot agree on the time of adjournment.

67. What restriction is there regarding the place of meeting?

Neither House has the right to meet at any other place than that in which both Houses are meeting-.

The President is authorized by law to convene Congress at some other place than Washington if conditions arise that make such action necessary.

CHAPTER X. Compensation, Privileges, and Prohibitions on Members

Clause 1. " The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States* They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from, the same; and for any speech or debate in either House, they shall not be questioned in any other place."

*68. What is the salary of Senators and Representatives?

The salary of Senators and Representatives is $7,500 a year, and 20c mileage going and coming*, on business, to and from Washington, D. C.

Each member is also allowed $125 per year for stationery.

*69. How is the salary fixed and paid?

The salary is fixed by law, and is paid out of the Treasury of the United States.