Constitutions. Since the possession of power creates a desire for more, the tendency of all governments is away from the people. It becomes necessary for a state which values its welfare, to impose some restraints upon its government. It must express its will definitely, and hold the government answerable as subject to law. This law by which the state controls the government is its constitution. It usually specifies the rights of the people, which the government is to respect; states how the departments shall be constituted, thus fixing the form of the government; enumerates in detail the functions of each; provides a mode of calling the government to account, and of making needed changes; prescribes the manner in which the will of the state shall be expressed; and makes provision for changing the constitution itself. Thus the constitution of the United States asserts the rights of the people; says that there shall be a President, a Congress of two houses, and certain courts of justice; gives to the President power to pardon, to act as commander-in-chief of the army and navy, and to execute the laws; gives Congress powers over finance, territory, and commerce; fixes the term of office of all members of the government; states who shall vote, and how the constitution may be amended. It will be seen that the constitution becomes the fundamental law of a state, and that all others must accord with it. If they do not, they are void. This question of constitutionality of laws is usually decided by the judicial department, never by the citizen. Constitutions are of two kinds. Some are written instruments drawn up and adopted at one time, either by the people for themselves Written Constitutions. when establishing a new form of government, as in the United States; or by the existing government, as in the case of Austria, which, after the exercise of arbitrary power, wished to conciliate the discontented people of Hungary. Others are unwritten, having no distinct, definite form, but consisting of all legislative acts, Unwritten Conroyal grants, and judicial decisions, by stitutions. which at any time the form of the government has been established, and by which the rights of the people are guaranteed, and the powers of the government restricted. Such is the British constitution, which has been growing into its present form for a thousand years. It bears the marks of all the social and political changes which have succeeded each other during the rule of Saxon, Norman, and English sovereigns. In another place the development of this constitution will be noticed. The unwritten constitution is open to the objection that it may be changed by the government itself, and thus cease to express the people's will. Thus a certain parliament changed its term of office from three to seven years, thereby prolonging its power, and preventing a new expression of the people's will. In the United States, with its written constitution, such a change could only be made by the people. How shall the government be made to obey the constitution, so that it may be effective to pre- Checks upon the vent arbitrary rule? This is done in two Government. ways. Usually, the departments are so constituted that each acts as a check upon the other. Thus in the United States, the President must approve all bills passed by a majority in Congress, before they can become laws. The Senate must consent to all treaties, and to all important appointments made by the President. Without Term. such consent they are not valid. The judges are appointed by the President and Senate, and they decide upon the constitutionality of laws made by Congress. If either branch of the government attempts to violate the constitution, the others may in this way prevent it. But the most effective way of preventing the exercise Limitation of of unconstitutional authority is by limiting the term of office of the members of the government. At the expiration of a specified time, the office becomes vacant, and the people are called upon to re-fill it. They may re-appoint the former incumbent. This is a verdict of approval of his administration. If they select a new man, the act may imply dissatisfaction. When the people have this power of changing the government at their will, it becomes impossible for any usurpation of authority to continue. It is only when men may be re-elected to the same office that this limitation of term becomes a salutary check. If they must give up the position, whether faithful or not, the temptation is strong to use it for selfish ends. The election ceases to be a popular judgment upon the character of the administration. For this reason, the principle of rotation in office is one of the most mischievous that can guide the action of an intelligent people. We have described a constitution as a formal expression of the will of the state, granting authority to the government; and we have also said that under limited governments the state is frequently called upon to pass judgment upon the administration. It is important to show how the state expresses its will. What is the voice of the people? Expression of The whole body of people comprising the state includes some who are not capable of judging wisely concerning the general good; to this class evidently belong children and imbeciles. Every state is therefore divided into two classes, those who have Voters and a voice in public affairs, and those who Non-Voters. have not; the voting, and the non-voting. The line of division varies greatly in different states. In all, women are included in the latter class. Sometimes color is made a ground of disqualification for voting, sometimes poverty, sometimes a certain form of religious belief, sometimes the inability to read and write. In all cases those who do vote decide who may vote. In every state, for the non-voting class the government is absolute; they are responsible for it only on the ground of tacit consent. Those who have a voice in the conduct of public affairs are said to have political liberty. Rule. Voting is expressing a choice; and it seldom happens that a large number of people are Majority unanimous in their opinions. In case of disagreement, either the few or the many must give up to the others, or there will be no decision. Justice requires that the will of the smaller number shall submit to that of the larger. Hence the common rule that the majority decides. It appears, therefore, that, when we speak of an election as expressing the will of the state, we mean that it is the choice of more than half of the voting population, submitted to by all the others. This supposes that all persons vote who can do so, which is far from being the case. Thus in Massachusetts the returns give the following figures:— Population (1875) Voting class Votes for successful candidate for governor 1,651,652 351,056 83,639 It appears that only one in twenty of the members of the State actually expressed a preference for the governor chosen in 1875. In other years a larger proportion of the voters had voted, but seldom more than one in eight of the members of the State. It is one of the political problems of the present day, to provide some means by which a larger portion of the people may be represented in the government. SUMMARY. 1. The forms of government that have existed are, absolute monarchy, limited monarchy, republic, democracy, aristocracy, oligarchy. 2. Absolute governments are restricted by custom, but cannot be called to account except by rebellion. 3. A constitution is a law by which the state controls the government. 4. The constitution is the fundamental law, and all others must accord with it. 5. Some constitutions are written instruments; others are without definite form. 6. The departments of a government should be able to check one another. 7. The authority of government is limited by limiting the term of service of its members. 8. The whole body of people in the state is divided into voters and non-voters. 9. The voice of a majority of those who vote is considered to express the will of the state. 10. This is usually a very small part of the whole body. |