Government and the people

Preface

The American constitutional system is probably the most complicated scheme of government in the world. It is therefore not strange that the system is imperfectly understood even by intelligent and well-informed American citizens. This book is an attempt to bring to the young people of our country a clearer understanding of our government and our institutions. At this time of world-wide unrest and disturbance, it is especially important that we have set forth clearly and convincingly the plans of governmental machinery as well as those enduring principles which have made possible in the United States the development of the most successful democracy in the world.

Believing that the principles of constitutional government adopted by the founders of our republic are sound, and that "no development of social or industrial life changes a true principle," I have tried to explain adequately these principles and to show how they work in actual experience. However, the object has been, not only to describe the machinery of government, but also to make clear the underlying philosophy of democratic government. My aim has been to write a book that would in the best possible way inspire loyalty to our institutions by making them known, believing that our people, once understanding our political heritage and institutions, will respect them and cherish them.

iv PREFACE

Good citizenship must begin with an understanding of the principles and ideals of our government. But it does not stop there. The good citizen must put these principles and ideals into practice in the relations of every-day life.

Upon the teachers of our boys and girls falls a goodly share of the sacred responsibility to show by example and to teach what it means to be a good American to-day by living up to the ideals of our forefathers in all that makes for worthy citizenship in our great republic.

Joseph R. Long.

Contents

CHAPTER PAfiB

I. General Introduction 1

PART I The American Constitutional System

II. Historical Development 13

III. General Description of the American Govern-

ment 2(3

i. the federal government

IV. The Congress 38

V. The President 54

VI. Executive Departments and Agencies ... 67

VII. The Federal Courts 77

II. the state governments

"\TII. The States in General 85

IX. The State Legislatures 101

X. The State Executive Departments .... 112

XI. The State Courts 116 vi ■ CONTENTS

. III. LOCAL GOVERNMENT

CHAPTEK PAGE

XII. Local Government in General 121

XIII. County Government 127

XIV. Municipal Government 132

PART II Civil and Political Rights and Privileges

XV. Liberty and Civil Rights 143

XVI. . Citizenship 166

XVII. Suffrage and Elections 171

XVIII. Political Parties . 183

XIX. Popular Control in Government 193

PART III Public Problems and Activities

XX. Functions of Government 208

XXI. Public Finance 219

XXII. Money and Banking 237

XXIII. Public Education 255

XXIV. Commerce, Business, and Communication . . 266 XXV. Labor, Capital, and Industry 285

XXVI. Social Problems and Regulations .... 307

XXVII. Municipal Functions and Activities .... 325

CONTENTS Vii

PART IV Special Topics

CHAPTER PAGE

XX\'III. The People of the United States .... 358

XXIX. Natural Resources of the United States . . 369

XXX. Territories and Dependencies 387

XXXI. X'ational Defense 398

XXXII. Foreign Relations of the United States . . 40G

A. Outstanding Problems and Topics for Study . . 425

B. Constitution of the United States 439

IxDEX • 457

ILLUSTRATIONS

PAGE

The Constitutional Convention, Philadelphia, 1787 .... 17

Airplane view of the Capitol at Washington 45

Airplane view of the White House at Washington .... 55

President Harding and his Cabinet 69

Members of the Supreme Court of the United States ... 81

A State legislature in joint session 102

Graphic presentation of a city budget 137

Children's Court in one of our cities 141

A court-room 159

Applicants for first citizenship papers 168

Interior of a polling-place 180

U. S. submarines in the Gatun Lock of the Panama Canal . 220

One battleship, with ammunition, costs $40,000,000 .... 222

The cost of one battleship would endow four universities like

Princeton 223

Machine in a U. S. Mint which punches out gold pieces at the

rate of 360,000 an hour 242

The money of the United States, according to kinds .... 248

Our agricultural schools are giving great attention to the feeding

and housing of swine 260

X ILLUSTRATIONS

PAGE

Exhibition of cattle held by the Agricultural College of one of our universities 281

Community-market in a Southern county 233

Part of the Columbia River Highway 276

The Phantom Canyon Highway, Colorado, built entirely by volunteer labor recruited from neighboring citizens . . . 279

Sorting parcels-post mail in a U. S. post-office 281

Mail service by airplane 282

A laborer and capitalist in one person 287

A 14,000-ton hydraulic press, forging a heavy open-hearth steel plate in a large steel plant 291

Great risks are taken by steel construction workers and special provision should be made for their protection 298

Two hands are needed to run this steel press, so lessening the chance of accident to the operator 303

Patients with symptoms of tuberculosis being instructed in work which will enable them to earn a livelihood while undergoing treatment 309

A class for backward or uneducated inmates in one of our State prisons 314

The Canard Building, one of the large office-buildings in New

York City 327 •

Fifth Avenue, New York City 329 '

A part of the water-front at Des Moines, Iowa, before improvement ' 330

Same water-front after improvement 331

The fire-tug is of great value in fighting fires on the water-front 334

Health inspection and free treatment given by the city . . . 338

ILLUSTRATIONS XI

PAGE

A view of the toiuMiient district in a large city 341

During tlie summer months showers are attached to fire hydrants

for the relief of children in the poorer districts of the city . 344

The Los Angeles acjueduct 347

The great water-power ])lant at Niagara Falls 350

A comnmnity swimming-pool in one of our large cities . . 353

Immigrants arriving in New York Cit}^ 360

A class in English for foreigners 362

Chart showing our food productions, compared with other countries 370

Fighting a forest hre 373

Chart showing our resources and how we are 'using them . . 376

Yellowstone Park . 379

Demonstration of stock on agricultural train sent out by a university 382

Demonstration class in train sent out by university .... 383

Plant immigrants arriving at Washington, where they undergo

examination 384

Chapter I General Introduction

1. Why the United States Is a Great Nation. — The people of the United States may well claim to be the strongest, richest, and happiest nation in the world. Their country surpasses all others in the advantages of climate, geographical position, and natural resources. Also, it is of vast extent, stretching from the Atlantic to the Pacific, the United States has an area of over three million square miles (3,025,600), or about three-fourths that of the whole of Europe (3,781,647), while if Alaska and the insular possessions are included, the total area (3,754,771) will about equal that of Europe.

In the character of the American people is found another reason for the high position which the United States has taken among the nations of the earth. The people of the United States are industrious, resourceful, and progressive. Their progress in material things excites the admiration of the world. But their spiritual and moral qualities are even more important than those which have made for their material prosperity. From the beginning these law-abiding and God-fearing people have been lovers of liberty, justice, and the home. While ever ready to assert and defend their own rights, they have, as individuals and as a nation, respected the rights of others.

In this country for the first time in the history of the world the principles of democracy were fully established. There are no favored classes, no lords and nobles living above and upon the great masses of the common people. All men are equal before the law. There are, indeed, inequalities. Some men stand far above the rest in character, wealth, position, and personal attainments. But these inequalities are not because of birth or special privilege; they depend upon the man himself. In Europe and in Asia there are fixed classes of society; it is almost impossible for a man to rise above the station in life to which he was born. In this country a man's progress from the lowest to the highest position depends upon his own character, ability, and efforts. Not equality in these respects, but equality of opportunity is the governing principle of the American spirit.* Further, we find in this country beyond most others the spirit of co-operation, the cornmunity spirit. Individual independence and mutual helpfulness go hand in hand. A people with the American characteristics and spirit would be happy, prosperous, and strong even in a land less favored by nature.

Lastly, the high position of this country and the prosperity and happiness of its people have been due to its form of government. This, perhaps, is not so easy to see. The average person probably gives little thought to this subject, and fails to realize how much his personal welfare depends upon the kind of government under which he lives. One of the objects of this book is to describe the government under which the people of the United States have enjoyed a degree of liberty, prosperity, and national happiness never before known in the history of the world.

2. The Importance of Government. — Without government it is impossible for human beings to live together in peace and comfort. Only a person living absolutely alone can do with-

* "But we must know what democracy is. It does not mean that one man is as good as another; but simply that all are good enough to have a voice in saying who the best ones are. It does not mean that one man is as wise as another, but that all men are wise enough to vote for the wisest and put the reins of power into their hands. Democracy is not Communism — which denies all differences in capacity and attainment. It is not Socialism — which would abolish all differences by government control. Democracy glories in differences, provided they are real and not artificially created. Democracy means that every man shall have a chance to become the finest, largest man he is capable of becoming and to render the greatest possible service to his country and the world." — W. P. Faunce.

GENERAL INTRODUCTION 3

out government. From the earliest times we find that wherever two or more persons live together there is always some form of government. The child sees government in the home. Here he is taught to respect the authority of his parents and the rights of his brothers and sisters. When he goes to school he comes in contact with government as administered by the teacher and the other school authorities, and when he enters the larger fipld of life he encounters the government of the town, the county, the state, and the nation. From the cradle to the grave he finds government all around him.

Persons who have always lived in a well-governed country like the United States can hardly realize how important their government is to them. We take as a matter of course the blessings of liberty which we enjoy with little thought for the government which makes these blessings possible. But to appreciate how much we owe to good government, we have only to look at other countries which are or have been without good governments. Some of the most favored portions of the globe, rich in natural resources and climatic advantages, are undeveloped and their inhabitants are miserable simply from the lack of good government. Such are Mexico, Hayti, and some parts of Asia. The condition of Russia after the World War shows how government may affect a great and rich country.* On the other hand, some countries, not greatly favored by nature, are inhabited by prosperous and contented peoples, largely because with a good government life becomes possible and attractive.

3. Some Definitions. — We must now define some terms used in discussions of government. The word govern is derived

* It is related of Confucius that on one occasion while journeying; with some of his disciples he came upon a woman weeping at a grave. When asked the reason of her grief she replied: "My husband's father was killed here by a tiger, and my husband also, and now my son has met the same fate." Then, on being asked why she did not leave so fatal a spot, she replied that there was there no oppressive government. "Remember this," said Confucius to his disciples, "remember this, my children: oppressive government is fiercer and more feared than a tiger."

from the Latin word meaning to steer or guide, as a ship, and a governor is a pilot or steersman. From this comes the word government, which means the administration of the affairs of the state. A government, or the government, is the agency by which government is administered, that is, the persons who carry on the work of government. That branch of knowledge to which the subject of government belongs is known as political science, or the science of politics, or, more shortly, as "civics." A state is a body or society of persons organized as an independent political unit. It is in the nature of men to associate together for purposes of common defense and mutual advantage. As Aristotle said, "man is a political animal." Any association of persons united under some form of government and independent of other peoples, constitutes a state. Usually a state occupies some definite territory which it claims as its own, and without such territory a civilized state could not exist. However, nomadic tribes, occasionally to be found, which preserve their organization while wandering about from place to place, may be considered states in a political sense though without a fixed abode. The term state as here used should not be confused with the same word meaning one of the members of the United States, which is not a fully independent state in the political sense.

The term nation is often used as synonymous with state, and this is its ordinary meaning in political science. But primarily a nation is a people of the same race, with common ancestry, language, and traditions. In this sense a nation, unlike a fully developed state, need not have any territory of their own. Thus the Jews may be spoken of as a nation, although they have no country of their own but are scattered throughout the earth. The British Empire is a state and comprises many nations in this sense; but using the term in its secondary or political sense, .the British Empire is a single nation. For the primary meaning of the term nation the word race is commonly used. The term people is often used in the sense of nation or state.

GENERAL INTRODUCTION 5

4. Sovereignty. — By sovereignty is meant the sum of all political power vested in an independent state. A state is sovereign when it is politically independent of all other states and has complete power of self-control. It is a principle of international law that all independent states are politically equal, however much they may differ in population, resources, and power. They are all equally sovereign. If a country is in any respect subject to the control of any other country, it is to that extent not fully sovereign. The tiny republic of San Marino, with an area of thirty-three square miles and a population of about 15,000, is a sovereign state; but the rich island of Cuba is not absolutely sovereign because of the limited control retained by the United States over its affairs. The person or persons in whom the sovereign powers of a state are vested are the sovereign or sovereigns.

If national sovereignty is vested in a king, emperor, czar, or other ruler, who rules as he sees fit, the government is an autocracy, and the ruler is an autocrat. Where the sovereignty is in a superior class of persons, the government Is an aristocracy, and where the powers of government are concentrated in a few persons, whether of the nobility or of the common people, the government is an oligarchy. Where the sovereignty is vested in the people as a whole, who, in one way or another, exercise the powers of government, the government is a democracy. It is possible for a government to be nominally democratic but actually controlled by a small group of professional politicians, who, while governing in the name of the people, in fact constitute an oligarchy.

5. The Forms of Government. — There are two principal forms of government, monarchical and republican.

A monarchy is a state in which the ruler is a hereditary monarch, whether called king, emperor, prince, or what-not. More countries have had the monarchical form of government than any other. The power of the monarch has varied at different times and in different countries. In an absolute monarchy the personal will of the monarch is supreme, and the government is an autocracy. The monarch has over his subjects the power of hfe and death. Such extreme power has oftea been exercised by Oriental monarchs, and by the early czars of Russia. In a limited monarchy the power of the monarch is restricted by the constitution of the country. Practically all modern monarchies are limited, or constitutional, monarchies. In no enlightened country has the monarch absolute power.

A republic is a state in which the ruler, or rather the executive, is chosen directly or indirectly by the people. A republic is almost necessarily a democracy, since the people rule, but a democracy is not necessarily a republic. A democracy may have a monarchical form of government. All free countries are democratic, that is, in them the sovereignty is vested in the people, but the form of the government may vary. The form of the government — that is, the manner in which the people exercise their power — is not the material thing in determining whether or not the government is democratic. The essence of democracy consists in the fact that the power belongs to the people, however they may exercise it. In a democracy the officers administering the government are the agents or servants of the people, by whatever name they may be called. Thus Great Britain is a democracy, though the formal head of the government is a king. As a rule, however, the head of a democracy is a president, as in France, the United States, and the republics of South America.

6. The Forms of Democracy. — Democracy takes two principal forms, (1) pure democracy and (2) representative democracy. In a pure democracy the people rule themselves directly. They meet in popular assemblies and make laws, settle private controversies, decide public questions, elect public officers, and administer the affairs of the state or community generally. A perfect example of a pure democracy may be found in a school literary society, or in a social club, or in some churches, in which every member has the right to vote, to enter into the public discussions, and to hold office. This form of government is not possible except where the number of persons con-

GENERAL INTRODUCTION 7

cerned is small. A large population cannot meet in a single assembly, and, moreover, government requires deliberation, and a crowd cannot deliberate.

The pure form of democracy has seldom been employed by states, and then only on a very small scale. None of the great nations of the ancient world, Egypt, Babylon, Assyria, the Roman P^mpire, etc., were democracies. The early city-states, Athens and Rome, were pure democracies so far as their own citizens were concerned, though not as to the population as a whole. Political privileges were reserved for the citizens, and a large part of the population were slaves or non-citizens. The popular assem])lies of Athens and Rome were composed of the comparatively small number of citizens. In modern times the best known if not the only examples of pure democracy are afforded by the government of some of the smaller cantons of Switzerland and government by town meetings in New England. Direct democracy is impossible for any population large enough to constitute a state or nation in any real sense. Democracy on a large scale was made possible by the invention of the principle of representation.

A representative democracy is a government conducted by del egalT>s or officers chosen directly or indirectly by the people In a- representative democracy the citizens ^o noTlict in person but through proxies or representatives chosen by them. In a pure democracy the citizens cast their votes in the popular assembly; in a representative democracy the votes are cast at voting places conveniently distributed throughout the country. In a pure democracy the people themselves make laws and administer the government; in a representative democracy the people merely vote for public officers, or perhaps on certain general questions of policy or administration. All modern democracies of national size are of the representative tx^e.

7. Constitutional Government. — All enlightened countries have constitutional governments. Constitutional government is government according to fixed principles, as opposed to government arbitrarily administered according to the personal will of the ruler. A constitution* is the fundamental law of a nation, in accordance with which the government is organized and its powers are exercised. It is the sum of the fundamental and permanent principles, whether written or unwritten, under which the state is governed.

All governments worthy of the name are organized and administered according to some permanent principles, such as those determining the succession upon the death of the ruler, or the national religious or other customs which even uncivilized peoples recognize as binding upon ruler and people alike. But this is not what is meant by constitutional government. It is only when the fundamental customs and principles are sufficiently numerous and definite to constitute a system or scheme of government, with clearly defined limitations protecting the people from the exercise of arbitrary power, that it is proper to dignify them with the name of constitution. At present all civilized governments are constitutional governments, though some countries have more fully developed constitutions than others. The trend of political history has been away from arbitrary government to constitutional government, and with the development of constitutions men have everywhere progressed toward freedom.

A constitution may be written or unwritten. A constitution is written when all its provisions are formally reduced to writing; a constitution is unwritten when some or all of its provisions have not been set forth in definite and authoritative written form, but exist only in the form of statutes, judicial declarations, or settled national purposes or institutions. The Constitution of the United States is the most notable instance of a written constitution. At present most of the civilized nations have written constitutions covering more or less completely their schemes of government. Some of these, notably those of South America, are to a considerable extent based upon the Constitution of the United States.

* In this book the word "constitution" is printed with a capital when it refers to the Constitution of the United States, but with a small letter when it refers to the constitution of a state, or is used in a general sense.

GENERAL INTRODUCTION 9

Modern constitutional government began and was largely" developed in England, significantly known as "the mother of parliaments." The British constitution is the most important example of an unwritten constitution. It consists of the body of principles found in ancient customs, precedents, royal grants, statutes, and the like, which by prescription or general acceptance have become recognized as fundamental and binding on the government itself. Important elements of the British constitution are the great historic documents, the Magna Charta (1215) and its various extensions, the Habeas Corpus Act (1679), and the Bill of Rights (1688). Other important elements are trial by jury, the principles of the common law relating to personal liberty, and modern cabinet government.

An unwritten constitution is possible only in an old and longsettled country with well-established national habits. It is a thing of slow growth, developing gradually out of the life of the people, and is an impressive expression of that life. Even in countries with written constitutions, additional principles are gradually added or changes are made by custom which may be termed unwritten amendments to the constitution. A number of these are found in the constitutional system of the United States, for example, the tradition against a third term for the President, the change in the function of presidential electors, the party system, the principle of "senatorial courtesy," etc.

8. Constitutional and Statute Law Distinguished. — No distinction in constitutional law is more important than that between the constitution and ordinary legislation. By a failure in practice to observe this distinction constitutional government may be broken down and freedom in a democracy become endangered.

The constitution is the organic or fundamental law of the state. It institutes the government, and confers, defines, or limits its powers. The adoption of a constitution is the solemn and deliberate act of the sovereign people by which they declare the principles upon which ihey choose to be governed.

It should contain only the fundamental and permanent principles by which the several departments of the government are to be guided, and, from its nature, should rarely need amendment. A statute, on the other hand, is enacted by the legislature, which is not a sovereign body but is itself instituted by the constitution. It does not necessarily embody any principle, but is usually merely an application to the ordinary life of the people of the principles laid down in the constitution. There is no necessary permanence about it, for it deals with the shifting conditions of the day. A statute may be repealed or amended by the legislature at pleasure; a constitution can be changed only by the sovereign people who ordained it. From the difference in nature between constitutional and statutory law it would seem plain that the two kinds of law should not be combined in the same instrument.

9. Majority Rule. — It is a fundamental principle of democracy that the will of the majority shall prevail. In a constitutional democracy, however, this does not mean the unrestrained rule of the majority. Government bj^ the unrestrained majority is not real democracy but mob rule. If individuals and minorities have no rights which the majority are bound to respect, there is no freedom, but only tyranny. ''Libert}^ to be enjoyed," said Edmund Burke, "must be limited by law, for where law ends there tyranny begins; and the tyranny is the same, be it the tyranny of a monarch or of a multitude; nay, the tyranny of the multitude may be the gi'eater, since it is a multiplied tjrranny."

The only true democracy is government by the majority according to fixed principles established by the majority itself. It is government for the benefit of all, and not merely of the majority. It depends upon the observance of certain and permanent principles of justice found in the constitution, which expresses the real and permanent will of the people. It is the constitution that safeguards the rights of individuals and of the minority by holding in check the temporary will of the people swayed by the passion or exigencies of the moment. Unless the majority temporarily in power are willing or can

GENERAL INTHODrC'TTOX 11

1)0 made to abide by the constitution, democracy must be a failure, and political lil)erty is impossil)le. As has been said: "The supreme test of civil lihoity is our determination to pi-otect an unpopular minority in time of national excitement."

10. The Best Form of Government. — Of the different forms of government, which is the best? In an absolute sense there is no best form of government. The best g;o\'ernment for any people is that government which best promotes their happiness and prosperity, and what might be best for one people might not be best for another. A primitive people neetl to be ruled from above; the onl}' form of sovereignty which they can understand is a sovereignty vested in some superior person or persons. A king or chief is for them a necessity. A people without political enlightenment could not understand democracy.

Democracy is the most difficult of all kinds of government. A successful democracy is possible only for a peoi)le who are capa))le of self-government. Unless a people have sufficient self-restraint and political intelligence to be intrusted with the difficult task of governing themselves, the establishment of a democratic government by or for them would be fatal to liberty. When a people not capable of self-government are left to govern themselves they soon lapse into anarchy, or fall a i:)rey to a despot, or are conquered by some stronger power.

Democratic government in the United States has been successful, but except in France, Switzerland, the British Empire, and some of the South American republics, it has either not been tried or has not yet proven successful. It is a product of Anglo-Saxon civilization, and, with the exceptions just stated, has never been put into successful operation outside the Englishspeaking world. For most other peoples some other form of government is more suitable.

1. Discuss the three main reasons for the prosperity and happiness of the people of the United States? Is there any danger that they may lose either of these advantages?

2. Where did you get your first notions of government? Have you ever been anywhere where there was no government?

3. Define the word "govern." What is a "state," a "nation," a "race"? What is meant by "sovereignty"? Distinguish between an autocracy, an aristocracy, an oligarchy, and a democracy.

4. What are the two principal forms of government? Define each. Which kind is found in the United States; in England; in Italy; in Japan?