7he Outline of Government in the United States Published by The National League of Women Voters Washington, D. C. The Outline of Government in the United States RAYMOND MOLEY in coUaberation with HELEN M. ROCCA Published by The National League of Women Voters 532 Seventeenth Street, N. W. Washington, D. C. Price: Fifty Cents ,H5T Copyright, 1922 by Raymond Moley ©C1A682463 DEC 20 1922 FOREWORD THE purpose of this publication is to put into a brief form the essential facts about government and politics in the United States. It aims to give information clearly and concisely in language which can be easily understood. But it has a more important pur- pose than this. It seeks to put the facts of government into their proper perspective, to show the relation of one set of facts to another, to indicate the various topics that belong in a study of citizenship, and by omission, the matters that do not belong in such a course. It is in fact an outline rather than a treatise. The influence of women in politics is going to be felt only in pro- portion to their intelligent conception of the realities of government and politics. It is better that slow progress be made with a constantly increasing diflFusion of knowledge than that a temporary success be gained in the shape of the immediate adoption of ready-made reform. An intelligent electorate can, if it will, secure satisfactory results from imperfect institutions; an unintelligent electorate will be victimized by the unscrupulous under the most perfect forms of government. This book is dedicated to no specific type of reform; it has carefully avoided propaganda of all sorts; its sole purpose is to inform. In the selection of material moreover we have kept strictly within the field of government and politics. The tendency of many modern civics texts is to include so much sociology, economics, engineering, natural science, and general philosophy that the student is left without specific conception of government at all. This tendency, a committee of the American Political Science Association has recently condemned, stating that civics "is becoming superficial, and under present condi- tions it gives the student a mere smattering of many things." This outline has been prepared in a spirit of thorough sympathy with the opinion of that committee and has in some degree been guided by its suggestions as to subject matter. We have sought to keep in mind two sorts of readers in the prep- aration of this outline, the well-informed leader, and the intelligent though uninformed person who desires to secure in small compass reliable information for guidance in participating in public affairs. A very vital fact must be kept in mind by the reader of the outline. Government is not a simple thing. It cannot be understood through learning a few formulas. In large measure government is shaped and given reality through the processes of politics, while politics is rooted in the mysterious and little understood recesses of human nature. Great as has been the progress of modern psychology, it is still a science in the making and has as yet contributed little to a proper understanding of political life. Political wisdom is unstable, it follows winding and devious courses, and the reform of today may tomorrow be rejected by friend and enemy alike. The leader who is not too ready to seek short cuts to political perfection, who hears propaganda for new things with fairness but refuses the impulse to join every crusade, will probably be more permanently saved from the cynicism and hopelessness that result from expecting too much in a short time. That person will retain longest a capacity for effective service who keeps constantly in mind the fact that while modern democracy is only a few genera- tions old, the perversities and complexities of mankind were well established before Moses and Elijah were born. CONTENTS Chapter Page I. Free Government in the United States 7 II. Forms of Government 11 III. The Pubhc Control of Government 17 IV. Government in Terms of Service 27 V. Law and the Courts 34 VI. The Regulation of Business by Government 37 VII. Financing the Government 44 VIII. The Law and Government of the World 50 Suggestions for the Use of Study Groups 56 A Dictionary of One Hundred American Political, Legal, and Economic Terms in Frequent Use 70 Constitution of the United States.. 78 The Outline of Government in The United States CHAPTER I FREE GOVERNMENT IN THE UNITED STATES A Democracy in a Republic THE United States is a democracy because power is widely distributed, and exists, in theory at least, in all of the people. In practice, this means the majority of those who vote. A democracy is to be distinguished from a monarchy, in which power is held by a single ruler, and from an "aristocracy" or oligarchy, where a few men rule by right of birth, wealth, or the exercise of some kind of religious office. We speak of a democracy as distinguished from a republic, on account of the fact that while democracy is a term used to indicate the widespread distribution of the power of government, a republic is the form which a given government takes. A republic may be as auto- cratic as any kingdom, as the republic of Mexico under Diaz, and a kingdom such as Great Britain, may be democratic in fact and in practice. Bryce in his great work on Modern Democracies, applies the term "democracy" to the United States, France, the United Kingdom, Italy, Belgium, Holland, Denmark, Canada, Australia, South Africa, New Zealand, Sweden, Norway, Greece, Argentina, Chile, and Uruguay. A democracy may be "a pure democracy," in which the citizens transact their business through mass meetings, such as the New England town meetings. This kind of government has never proved practicable where large numbers of people and large areas are in- volved. For such larger units there has been developed the repre- sentative form of government, which in our case is called, a republic. It is perhaps the only practicable form by which a large nation can have popular government. An elected chief executive, and an elected body of representatives are characteristic of modern republics. The Liberty of the Individual At the basis of our institutions is the liberty of the individual. "Two great declarations," says Bryce, who is perhaps the greatest modern writer on government, "delivered authoritatively by two bodies of men at two moments of far-reaching historical importance, contain the fundamental dogmas of a sort of Apostles' Creed of Democracy." "One, the Declaration of Independence, says: *We hold these truths to be self-evident, that all men are 8 FREE GOVERNMENT IN THE UNITED STATES created equal, that they are endowed by their creator with certain inahenable rights, that among these are Life, Liberty and the Pursuit of Happiness, that to secure these rights. Governments are instituted, deriving their just powers from the consent of the governed.' "The other, the Declaration of Rights of Man, made by the National Assembly of France, August, 1791, says: 'Men are born and continue equal in respect of their rights. The end of political society is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression. 'The principle of all Sovereignty resides essentially in the nation. Nobody, no individual, can exert any authority which is not expressly derived from it. 'All citizens have a right to concur personally, or through their representatives in making the law. Being equal in its eyes, then, they are all equally admissible to all dignities, posts, and public employments. 'No one ought to be molested on account of his opinions, even his religious opinions.' " Our constitution was made in a period when the protection of the rights of the individual was the deep concern of most men interested in government. The makers of our constitution were men who had seen the government of England override the rights of citizens, both in America and in England itself. They therefore wanted to protect the individual citizen not only from tyrannical government, but from the possible tyranny of a majority of citizens. This protection is given through the making of a written constitution which is su- preme over citizens and government alike, and which specifically protects certain "imprescriptible" rights of the individual. The Growth of Political Democracy in America When our constitution was made in 1787, most of the people had no power in public affairs. Most of the adult males everywhere were excluded from voting by property qualifications and religious tests. Moreover, there were fixed social classes. Much of the South was governed in practice by great land owners, who ruled not only the slaves which they owned, but through their economic power, a large part of the whites. New York illustrated the flower of the rule of aristocracy. Roosevelt, in his "Gouverneur Morris," states that New York in those days was, "an aristocratic republic" in which "the power lay in the hands of certain old and wealthy families, such as the Livingstones, Schuylers, Van Cortlandts, Phillipses, Morrisses," who formed a "proud, polished, and powerful aristocracy." FREE GOVERNMENT IN THE UNITED STATES 9 Not until after 1820 did a more democratic spirit show itself in our institutions. "Farrand dates the real beginning of distinctively American history, not from the Declaration of Independence in 1776, nor from the adoption of the Constitution in 1788, but from the close of the War of 1812. The years following this war witnessed the birth of a true national spirit, which was at once American and democratic . "There arose a new democracy, different from anything which was readily conceivable by an earlier generation. Of this new American democracy Andrew Jackson, elected to the presidency in 1823, was the chosen representative. Of all the presidents of the United States he was the one who sprang most directly from the people; and the years of this triumph were marked by the development of the distinctive features which we have been accustomed to regard as characteristic of American political life — the adoption of universal suffrage, the multi- plication of elective offices, and the complex system of party organization which has lasted with but slight change until the present time."i Nearly thirty years after the Jacksonian revolution, there was formed the political party which eventually put an end to slavery, and thus won another victory for democracy in America. The beginning of the 20th century was marked by such new features as the direct primary, the initiative, referendum, and recall, the direct election of United States Senators, and finally, equal suf- frage for men and women. The Origins of Our Republican Institutions and Ideas Most of our governmental institutions were imported from England. This is, of course, a natural consequence of the early settlement and conquest of America by Englishmen. However, some writers have claimed altogether too much for "Anglo-Saxon" insti- tutions, saying that their more democratic character is due to some inherent capacity 'for free government in Anglo-Saxon peoples. Modern scholars have shown that actually many of the free institu- tions really were imported into England from elsewhere (some of them coming down from the Roman Empire), and that the individual has probably had more political freedom in England because England was protected from hostile neighbors by the sea, and consequently had less need for an autocratic government. Democracy and freedom then, are not the invention of any "chosen people," but the creation and heritage of the world. The political institutions of the United States are, to a remarkable degree, not the creation of any one group 1. HadUy, TJndercurrentt in American Politics. 10 FREE GOVERNMENT IN THE UNITED STATES of personages, but the result of long and complex evolutionary growth. The office of state governor originated in the office of colonial governor, who was the appointee and personal deputy of the King. The two-chambered legislature grew up as a result of the combina- tion of the early oligarchic governors' council with a more recently formed house of deputies, elected usually by the land owners of the colony. It is interesting to note that none of the arguments now advanced for keeping a two-chambered legislature were advanced when the institution was developing. Our judicial institutions are patterned almost entirely after English models, with very .little improvement in character and methods in these latter days. Municipal government up to 1820 followed the English model of a single-chambered council, with both legislative and executive powers, similar in this way to the present-day commission government. The elective mayor did not come until after 1820. The famous doctrine of the divison of powers into three branches of government was set forth^ by a French writer, Montesquieu, in The Spirit of Laws, a work which seems to have greatly impressed the makers of our Federal Constitution. The doctrines contained in the Declaration of Independence were drawn by Jefferson from widely scattered sources. It is probable that John Locke, an English philosopher, influenced him most, although he had studied Rousseau and other French radicals of the time. The Making of the Federal Constitution The Federal Constitution was made by a convention which met in Philadelphia in 1787. It was made up of representatives of the thir- teen states called by act of Congress to amend the Articles of Con- federation. The people back of the calling of the convention were convinced that the Articles of Confederation allowed the states al- together too much independence, and that unless there could be a strong central government, disintegration and ruin would overtake the new nation. The members of the Convention were much more conservative than those who wrote the Declaration of Independence, and the constitution which they wrote reflected their conservative ideas. After many compromises, the Convention finally agreed upon the Constitution, which after a hard fight, was adopted by the required number of states, and became the law of the land in 1789. Unity and power for the central government was secured by the four great powers given to the Federal government: to lay and collect taxes, to create and support an army and navy, to regulate foreign and domestic commerce, to do all things necessary to carry out the powers given by the Constitution. 1. It was not original with him. ' CHAPTER II FORMS OF GOVERNMENT The Government of the Nation THE most important fact about the Government of the United States is its federal character. Thus, instead of having a central government Hke France, we have a division of powers between the nationfand the several states. The Constitution provides that the nation shall have "enumerated" powers, while the states have all other powers which are not expressly- prohibited. Thus, the nation can do only what the Constitution authorizes it to do, while the states can do all that is not forbidden them, or^given to the national government.^ The Organization of the National Government The national government is divided into three branches: Congress — the legislative or law-making branch, the executive branch with the President at its head, the judicial branch composed of the Supreme Court and inferior federal courts. The Constitution describes in a general way the organization of these divisions of government. The legislative department is the Congress, consisting of a Senate, andfa House of Representatives. The Senate is composed of two senators from each state, elected by popular vote, for six years. The House of Representatives is made up of representatives chosen from the states. Congress determines the number of representatives to which each state is entitled, upon the basis of the census taken every ten years. The state through its legislation then determines how its own representatives shall be elected. The usual method followed by the states is to divide the territory of the state, and to elect one representative from a district. Under the census of 1910 the House is composed of 435 members. Representatives are elected for two-year terms. ^"The executive power," says the Constitution, "shall be vested in a" President of the United States." The President is elected for a term of four years, by electors chosen by the voters of each state. The number of electors to which each state is entitled, is the number of senators and representatives from that state. The; President is at the head of a very large and complex mass of governmental machinery.^ There are ten departments with a cabinet 1. The powers of the nation and examples of the things the states may do, are to be found in Mag- ruder, American Government in 1921, Chapter 4. 2. His powers are set forth in the Constitution, Article II, Sections 2-4. 12 FORMS OF GOVERNMENT member at the head of each. There are, in addition, a large number of administrative boards and commissions. The Government of the States Each state is governed under a state constitution, which is usually composed of a preamble, a bill of rights, provision for the organiza- tion of the three departments of government, provision for future changes and amendments, and provisions of miscellaneous character. The later state constitutions are distinguished from the older state constitutions by the fact that they are much longer, containing a wide variety of subjects concerning matters which in earlier days were left to legislative action. In every state there is a legislative body commonly called the "General Assembly" or the "Legislature." In every state this body is composed of two houses, usually called the Senate and the House of Representatives. Every state has a governor as its chief executive officer. He is elected by the voters of the state. The Governor has three sorts of powers : 1. executive, such as the appointment and control of state administrative offices. This is of course his chief function. 2. legislative, such as sending messages to the legislature and approving or vetoing laws. 2. judicial, such as pardoning persons accused of crime. In most states several offices exist, which because they are also subject to popular election, are independent of the governor. The most important of these are lieutenant governor, secretary of state, the state auditor, state treasurer, and the attorney general. In many states there has recently been a tendency to a reorganiza- tion of the state administrative offices, for the purpose of efficiency and economy. This is on account of the fact that in the course of years there have been created a great many boards, commissions, and institutions. These have become so numerous that the governor has not the time to supervise them properly. Therefore, a tendency has arisen to reorganize the state administrative agencies on the plan of the Federal government, under a few main departments, with a director at the head of each. Perhaps the best example of this plan of reorganization is that of Illinois, which is shown in the graph on the opposite page. The Government of Cities In the United States cities are governed either under a special charter or by general acts of the legislature. A large number of states FORMS OF GOVERNMENT 13 — dOJSUiUIOQ puB apBJX •3 Ofiqnj .S3 5 IS •■sl WBJiaM as < M H CO M sjfjoM onqnj ;2; o i9 — sauiyg 08 S o 3 joqirj . s ^ v_> f — ajn^insuJSy 30UBUIJ 14 FORMS OF GOVERNMENT now have "home rule" for cities, that is, cities are permitted to form their own charters, and in general, to determine their own kind of government. There are three types of city government in the United States — council-mayor, commission, and manager. Most cities are still governed under the council-mayor type which provides for a city council with a single chamber,^ and a mayor elected by the people, who is the head of the executive branch of the government. The principle of the commission type of city government is that both legislative and executive powers are given to a single commission, made up usually of five or seven members. The commission form of government has been rapidly outstripped in its popularity by the commission-manager form of government. Usually these cities have a small council of not over nine members. The council then chooses a city manager, who is the administrative head of the city govern- ment. The manager usually serves not for a fixed term, but as long as the council desires to retain him. The following charts indicate the organization of the two important types of city government. SUBORDINATE OFFICERS AND BUREAUS f j Elective ( Appoiniive Officials Depanments or Bureaus MAYOR-COUNCIL GOVERNMENT 1. AJfew'cities, notably Baltimore, still have two-chambered councils. FORMS OF GOVERNMENT IS VOTERS OF THE CITY MANAGER Law Public Service Public Safety Public Welfare 11 ta a Finance O Elective Officials Appointive Officials or Departments CITY-MANAGER GOVERNMENT, DAYTON, OHIO 16 FORMS OF GOVERNMENT Other Types of Local Government All states are divided into counties, which are not separate govern- ments as cities and states, but are divisions of the state for the pur- pose of administering certain state laws. Most county officers are chosen by popular vote, and in many cases the county constitutes a very complex and unwieldly government, and the large number of elective offices adds very greatly to the number of names on an already long ballot. The Merit System in the Civil Service "To the victor belong the spoils," has been for generations an accepted principle of party control of government. In pursuance of this principle, each party on gaining power, is expected to clear out of all governmental positions the members of the opposite party, and fill the jobs with its own followers. But this system is wasteful and in- efficient. Because of this indefensible practice, many people have come to believe in the "merit system." The principle upon which the merit system is supposed to operate, is that "public office is a public trust," which should be entrusted only to persons who have proved their fitness by means of competitive examinations. It also seeks to protect employees from dismissals for reasons other than lack of fitness, and to regulate promotions on the basis of merit. More recently it has recognized the need of active effort to recruit the civil service by going into the market for men and women of ability, and also by devising means of pensioning civil service employees. In 1883, Congress passed the first great Civil Service Act, govern- ing employees of the Federal government. It first applied to less than fourteen thousand employees, but gave the President power to extend its provisions. Since then, successive presidents have extended it until in 1916 it included 296,926, or 62% of all government employees in the executive civil service. The Civil Service Com- mission, consisting of three members appointed by the President and Senate, administer the provisions of the civil service law. Following this reform in the national government, the merit system has recently been extensively applied in city and state govern- ments. Many cities have commissioners supposed to be non-political, which give examinations for appointment, and regulate removals. CHAPTER III THE PUBLIC CONTROL OF GOVERNMENT Citizenship THE citizen is the basis of the democratic state. He is the ultimate source of power. Citizenship is defined by the Four- teenth Amendment to the Constitution of the United States as follows: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and the states wherein they reside." In the famous case of the United States vs. Wong Kim Ark (169 U. S. 649), the Supreme Court decided that a son of Chinese par- ents residing in California, who were not, and could not be, citizens of the United States, was himself a citizen of the United States. In this case, the Court said that the Constitution "contemplated two sources of citizenship and two only; birth and naturalization." Citizenship by naturalization, can be acquired by naturalization under the authority and forms of the law. But citizenship by birth is established by the mere fact of birth in the United States and subject to the jurisdiction thereof. Naturalization is the process provided, for making a foreigner into a citizen of the United States. The power to naturalize is vested by Congress in any court of record in the United States. This includes both state and federal courts. There are two main steps in taking out citizenship papers; the filing of the declaration of intention, or "First Papers," and the filing of the petition, or "Second Papers." The first paper may be filed any time after the arrival in the United States. The second paper may be filed at least two years after the first paper, and five years after arrival in the United States. On September 22, 1922, a new law, relative to the naturalization and citizenship of married women was enacted. It makes the following changes in the citizenship laws: 1. "The right of a woman to become a naturalized citizen shall not be denied or abridged because of her sex or because she is a married woman." 2. An alien woman, shall not become a citizen because of her marriage to a citizen. 3. The wife of an alien does not become a citizen because of the naturalization of her husband. In other words the citizenship of a wife does not "follow" that of her husband. 4. A woman citizen of the United States does not lose her citizenship by marriage to an alien. 18 THE PUBLIC CONTROL OF GOVERNMENT 5. An alien woman who marries a citizen may become a citi- zen by a much easier process than an unmarried alien woman. She need not file a first paper, and one year's residence is sufficient for second papers. For unmarried alien women the requirements are the same as for men. 6. A woman who is an American citizen and who before the passage of this law lost her citizenship by reason of her marriage to an alien may recover her citizenship by the method above described for an alien woman who marries a citizen. Political Parties Probably the most important means of organizing public opinion for the control of government is the political party. A fair definition of a political party is found in Ray's "Political Parties and Practical Politics" — "A political party is a durable organization of individuals, or groups of individuals, fluctuating in personnel and numbers, united by common principles or a common policy, and having for its immediate end the control of the government through the carry- ing of elections and the possession of office." National Parties Parties have existed almost from the beginning of our career as a nation. During and after the Constitutional Convention of 1787, there was widespread difference of opinion as to the extent to which the nation should go in controlling the economic life of the country. Upon a division, which was roughly between the commercial and the farming interests of the country, there rose the Federalist and Republican parties. In the time which has followed, the names of the national parties have changed many times, till now the Demo- cratic and Republican Parties are the dominant groups of the country. Throughout the history of the United States, there has seemed to be a permanent tendency toward a two-party system. Many small parties have arisen, but have disappeared after a short time, while the two major parties have continued to exist. Present-Day National Parties The two great national parties are loose organizations which are drawn together and put into action only at the time of the con- gressional and presidential elections. Each has a National Com- mittee, composed of one representative from each state. A conven- tion is held by each party every four years, for the purpose of nominat- ing candidates for the Presidency. These conventions are, roughly speaking, composed of delegates from the various states. The number of delegates to which a state is entitled is, with a small excep- THE PUBLIC CONTROL OF GOVERNMENT 19 tion, in the Democratic Party, twice the number of the niembers of Congress to which that state is entitled. In the RepubHcan Party this proportion is greatly reduced in the southern states which have Republican voters. The rule is that districts having 2,500 Republican votes have one delegate and those having 10,000 or more, two, based upon the 1920 vote. The national campaign is carried on by the National Committee, under the direction of the National Chairman, who is generally selected by the presidential candidate. Local Party Organization Political party life in the United States is largely based upon the local political organization. In most states, the form of the local party organization is determined by state law. In general, the state party organization is in the hands of the State Central Committee, chosen usually on the basis of Congressional Districts of the state. In addition to this State Committee, each county generally has a Central Committee, while a well-organized party organization has its officials scattered out in every ward and precinct, and in the country, in every township. The best example of local political organization is Tammany Hall, the New York City Democratic Organization.! Nominations Bryce has given to our elections the more exact title, "selections." This is literally true, for the voter at election time is called upon to make a choice among a relatively few candidates for public office, who have been selected by some mode of nomination. It has long been recognized by those who have been interested in democratic government, that the citadel of power is really in the nomination. Four kinds of nominations have developed in the course of our history. The first type of nomination was by the caucus. Early in our history, the members of Congress belonging to a given party, would hold a caucus, and select the party candidate for President. This mode of nomination was common up to the administration of Jackson. At that time it fell into disfavor, and was supplanted by the convention. For three-quarters of a century, the convention was the approved method of selecting candidates for office, but the rise of grave abuses caused a demand for a more direct way of selecting candidates with the result that the direct primary to a considerable extent, supplanted the convention. In the direct primary, the person who desires to become a candi- date, gets his name placed on the primary ballot through a petition. On the day of the primary, the voter goes to the polling place, re- ceives the ballot of his party, and selects from among the candidates appearing thereupon. There are two kinds of direct primary — the closed primary and the open primary. In the closed primaries, \. An excellent description of this organization can be found in Ray's Political Parties and Practical Politics, Chapter 16. 20 THE PUBLIC CONTROL OF GOVERNMENT participation is limited to those who have been previously enrolled in the party, or who have complied with some test of party allegiance. In the open primaries, the voter may vote for the candidates of any party, and no attempt is made to prevent Democrats from taking a hand in the Republican nominations. The best example of the open primary is that of the State of Wisconsin. ^ The fourth method of nominating candidates, is nomination by petition. By this method a candidate is entitled to have his name placed on the ballot after filing with the proper officer a special petition, signed by a certain number of voters. The most important factors in a system of elections are first, the machinery through which the elections are conducted, and secondly the form of the ballots used. General elections are conducted under the direction of a State Superintendent of Elections, who is usually the same person as the Secretary of State. Under his direction there are County Boards, usually of bi-partisan character, who in turn select officials, usually called judges and clerks, for each precinct. In fact the whole system of elections is based upon the bi-partisan plan, and the assurance which the voter has of honest elections, comes from the action of the parties upon each other. In other words, one is set to watch the other, and the theory is, that out of this mutual watchfulness, honesty will emerge as the only possible workable policy. The Australian method of secret voting has been in operation in the United States since 1888. There are two kinds of ballots in use in the United States. In about half of the states, the Party Column ballot is used. This ballot carries the various candidates for office grouped under the party to which they belong. The other type of ballot, commonly called the Massachusetts Ballot, carries the candi- dates grouped under the office which they seek. The short ballot movement in the United States is intended to lessen the number of offices to be placed upon the ballot, thus making the task of the voter more simple by giving him fewer decisions to make. It should be remembered that the short ballot goes hand in hand with an increase in the appointive power of the executive. Thus, we see that, after all, the short ballot movement is a return to the principles of the Consti- tution of the United States under which the President is elected, and empowered to appoint all of his assistants. The Initiative, Referendum, and Recall The initiative, referendum, and recall are three relatively recent popular measures which seek to extend public control over the govern- ment. The initiative is a term used to designate the right of a certain percentage of the voters to propose a measure for acceptance or L A very good description of the operation of the direct primary is to be found in Ray, Chapter 6, THE PUBLIC CONTROL OF GOVERNMENT 21 rejection by the voters at the polls. ^ The referendum is a device which permits a certain percentage of the voters to have a measure already passed by the legislature referred to all the voters for accept- ance or rejection. The recall is the right of the voters to remove an official from office by means of a petition signed by a certain per- centage of the voters, requesting that the issue be placed on the ballot, and a subsequent election showing a majority in favor of his removal. The state-wide initiative and referendum have been established in nineteen states, and the referendum only in two additional states. In all of the states except Delaware a "compulsory" referendum exists — that is, the approval of the electorate is necessary before a constitutional amendment becomes effective. In five of the nineteen states having the initiative, it does not apply to constitutional amendments. The recall is now provided for by the constitutions of ten states. The provisions in these ten states naturally vary con- siderably as to the number of signatures required, and as to whom it is applicable. Judicial officers are frequently excluded and signa- tures to the petition amounting to 25% of the votes cast at the last preceding election are most common. Public Opinion THE SUPREMACY OF PUBLIC OPINION IN AMERICA "Towering over Presidents and state Governors, over Congress and state legislators, over conventions and the vast machinery of party, public opinion stands out in the United States as the great source of power, the master of servants who tremble before it . . . "What is public opinion.^ The term is commonly used to denote the aggregate of the views men hold regarding matters that affect or interest the community. Thus understood, it is a congeries of all sorts of discrepant notions, beliefs, fancies, prejudices and aspira- tions. It is confused, incoherent, amorphous, varying from day to day and week to week. But in the midst of this diversity and con- fusion every question as it arises into importance is subjected to a process of consolidation and clarification until there emerge and take definite shape certain views, or sets of interconnected views, each held and advocated in common by bodies of citizens. It is the power exerted by any such view, or set of views, when held by an apparent majority of citizens, that we refer when we talk of public opinion as approving or disapproving a certain doctrine or proposal, and thereby becoming a guiding or ruling power."2 THE MAKING OF OPINION "Three classes of persons have to do with the making of public opinion. There are the men who seriously occupy themselves with 1. This is the direct initiative. By the indirect initiative is meant the right of a certain percentage of the voters to draw up a measure for submission to the legislative body. The laws of some states provide for a combination of these two types of the initiative. 2. Bryce, James. The American Commonwealth, Vol. 2, Part IV. 22 THE PUBLIC CONTROL OF GOVERNMENT public affairs, whether professionally, as members of legislature or journalists or otherwise actively engaged in politics, or as private persons who care enough for their duty as citizens to give constant attention to what passes in the political world. These persons are, taken all together, an exceedingly small percentage of the voting citizens . , . They know the facts, they think out and marshal and set forth, by word or pen, the arguments meant to influence the public. "The second class consists of those who, though comparatively passive take an interest in politics. They listen and read, giving an amount of attention proportioned to the magnitude of any particular issue placed before them, or to the special interest it may have for them. They form a judgment upon the facts and arguments pre- sented to them. Their judgment corrects and modifies the views of the first class, and thus they are, though not the originators, yet largely the moulders of opinion, giving to a doctrine or a proposition the shape it has to take if it is to succeed. Most of them belong to a party but are not so hotly partisan as to be unable to consider fairly both sides of a case ... "The third class includes all that large residue of the citizens which is indifferent to public affairs, reading little and thinking less about them. So far as it has any opinion, it adopts that which prevails in the place where it lives, or in the social class or industrial milieu to which it belongs ... The proportion of this class to the total adult population varies in different countries but is everywhere larger than is commonly supposed. "In examining the process by which opinion is formed, we cannot fail to note how small a part of the view which the average man entertains when he goes to vote is really of his own making. His original impression was faint and perhaps shapeless; its present definiteness and strength are mainly due to what he has heard and read. He has been told what to think, and why to think it . . . Although he supposes his view to be his own, he holds it rather because his acquaintances, his newspapers, his party leaders all hold it. His acquaintances do the like. Each man believes and repeats certain phrases, because he thinks that everybody else on his own side believes them, and of what each believes only a small part is his own original impression, the far larger part being the result of the commingling and mutual action and reaction of the impressions of a multitude of individuals, in which the element of pure personal con- viction, based on individual thinking is but small." ^ ORGANS OF OPINION ON GOVERNMENTAL QUESTIONS Modern life is marked by the complexity and multiplication of appeals to the opinion of the public. These appeals are made 1. Bryce, op. cit. THE PUBLIC CONTROL OF GOVERNMENT 23 by all sorts of interests, and most of them have enlisted in their support, the best agencies for reaching the minds and feelings of the public. Some of these are selfish, and some are purely in the public interest. One of the important things that a citizen should know, is how to make use of these organs of public opinion, how to know and to evaluate opinion, whose source is some private, selfish interest, and how to recognize opinion which is useful and in the public interest. Some of the organs of public opinion which influence the mind of the public in governmental questions are the following: 1. Newspapers and magazines. 2. Political debates and party propaganda. 3. Organized publicity for serving interests such as manu- facturers' associations. 4. Farm bureaus and granges. 5. Private agencies with a public interest — such as voters' leagues and municipal research bureaus. 6. Private organizations in the interest of special proposals or programs — such as the National Municipal League. 7. Research organizations with educational purposes — such as the Russell Sage Foundation and the Carnegie Foundation. 24 THE PUBLIC CONTROL OF GOVERNMENT To vote lor a Person, mark a Cross X In the Square at w the right of the Party Name, or Political Designation. ^ ^ To vote for a Person, mark a Cross X ii> the Square at w ^j( the right of the Party Name,or Political Designation, xv GOVERNOR Vote for ONE GHAMNINB H. COX-of bcstoI'- ^Republlcan WAITER 8. HUTGHINS-of G>[[Kn[L ^Socialist PATRICK MULLIGAN-oi bostok- -^Socialist labor JOHN J. WALSH-Di ! ^Denocratlc LIEUTENANT GOVERNOR Vote for ONE MARCUS A. COOUOCE-OF FncHBum^ ^Democratic DAVID GRAI6-0F aiLFORD- ^Soclallst Labor ALVANT.FUUER-OFiUDFiF- -^Republlcao THOMAS NICHOLSON-HFimii' ^Soclallit ROBERT M. WASHBURN-OFBOSTOi- Maiepeodent SECRETARY Vote for ONE FREDERIC W. GOOK-or sdifuviiU'- ^RepgbllciB EDWARD E. 6INSBUR6-0F bsookuke^ '^Denocratlc ANTHONY HOUTENBRINK-OFBOSIM-' ^Sotlalltt Ub«r EDITH M. WIUIAMS-DF mmn- Siclalltl TREASURER Vote for ONE GEORGE H.JAGKSON-t)FL JAMES JACKSON-nF mhim- Repgblleu LOUIS MARGUS-OF eosroii- ■^Soelillst PATRICK O'HEARN-or bostoi^ ALBERT L WATERMAN-OF Bosioi- -^Socliilst Liliir AUDITOR Vote for ONE ALONZO D. CQOK-OFBOSTDii- ^Repobllcn ALICE E. GRAM-OF Boston^ ^Deitocratlc STEPHEN J. 8URRIDGE-. 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 the 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.) ■. 3. 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. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. 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. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and dis- qualification 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. Section 4 — Elections and Sessions 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 time by law make or alter such regulations, except as to the places of choosing Senators. 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. Section 5 — Government and Rules 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. 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 member. 3. Each House shall keep a journal of its proceedings, and from time to time publish the same, except- ing 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 of one-fifth of those present, be entered on the journal. 1. Superseded by the Seventeenth Amendment. CONSTITUTION OF THE UNITED STATES OF AMERICA 79 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. Section 6 — Privileges and Restrictions 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. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office. Section 7 — Process of Law-making 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approves he shall sign it, but if not he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and, if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representa- tives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Section 8 — Powers Granted to Congress The Congress shall have power, — 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7. To establish post-offices and post-roads; 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors an exclusive right to their respective writings and discoveries; 9. To constitute tribunals inferior to the Supreme Court; 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations; 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regulation of the land and naval forces; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasions; 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of^the United States; and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; — and 80 CONSTITUTION OF THE UNITED STATES OF AMERICA 18. And to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Section 9 — Powers Denied to Congress 1. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. 7. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 8. No title of nobility shall be granted by the United States; and no person holding any ofGce of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. Section 10 — Powers Denied to the States 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II— EXECUTIVE DEPARTMENT Section 1 — ^The President: Election and Qualifications 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows: — 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding office of trust or profit under the United States, shall be appointed an Elector. 3. (The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Repre- sentatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote' a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by. ballot the Vice- President.) '. 4. Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. 5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the 1. Superseded by the Twelfth Amendment. CONSTITUTION OF THE UNITED STATES OF AMERICA 81 Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section 2 — Powers of the President 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of depart- ments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Section 3 — Duties of the President He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section 4 — Removal of Officials The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III— JUDICIAL DEPARTMENT Section 1 — Courts and Judges The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 2 — Jurisdiction and Methods 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime juris- diction; to controversies to which the United States shall be a party; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State, claiming lands under grant of different States, and between a State, or the citizens thereof, and foreign states, citizens, or subjects. 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such excep- tions, and under such regulations, as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section 3 — Treason 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted, ARTICLE rv— STATE RELATIONS Section 1 — Public Acts Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. 82 CONSTITUTION OF THE UNITED STATES OF AMERICA Section 2 — Rights and Restrictions of Individuals 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. 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 having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Section 3 — New States and National Possessions 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section 4 — Protection of States The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the Executive (when the Legislature can not be convened), against domestic violence. ARTICLE V— AMENDMENT The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first articles; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI— AUTHORITY OF THE CONSTITUTION 1. All debts contracted and engagements entered into, before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of the several State Legisla- tures, and all executive and judicial oflicers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII— RATIFICATION The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In Witness whereof we have hereunto subscribed our names. GEO. WASHINGTON. Presidt. and Deputy from Virginia, {and thirty-eight other delegates.) ARTICLES in Addition to, and Amendment of the Constitution of the United States of America ARTICLE I— PERSONAL FREEDOM Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the government for a redress of grievances. ARTICLE II— KEEPING AND BEARING ARMS A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III— QUARTERING TROOPS No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. CONSTITUTION OF THE UNITED STATES OF AMERICA 83 ARTICLE IV— SECURITY OF THE HOME The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or aiBrmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V— SECURITY AGAINST THE GOVERNMENT No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ARTICLE VI— RIGHTS OF PERSONS ACCUSED OF CRIME In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an im- partial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. ARTICLE VII— JURY TRIAL IN CIVIL CASES In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII— BAIL AND PUNISHMENT Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX— UNMENTIONED RIGHTS The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X— POWERS RESERVED TO THE STATES The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI— SUITS AGAINST STATES The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state. ARTICLE XII— ELECTION OF PRESIDENT AND VICE-PRESIDENT The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; — the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Repre- sentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII— SLAVERY Section 1— Abolition Neither slavery nor involuntary servitude, except as a punishment for crime whereof the part shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2 — Enforcement Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV— CIVIL AND POLITICAL RIGHTS OF CITIZENS Section 1— Citizens and Their Rights All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which H4 CONSTITUTION OF THE UNITED STATES OF AMERtCA shall al.riflne the privileges or immunities of citizens of the United States; nor shall any State deprive any person i>f liJc, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2 — Apportionment of Representatives Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of Electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3 — Loss of Political Privileges No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Section 4— Public Debt The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be ques- tioned. But neither the United States, nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. Section 5 — Enforcement The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XV— RIGHT OF SUFFRAGE Section I — Negro Suffrage The right of citizens of the United States to vote shall not be denied or abridged by the United State.s, or by any State, on account of race, color, or previous condition of servitude. Section 2 — Enforcement The Congress shall have power to enforce this article by appropriate legislation. ^ ARTICLE XVI— INCOME TAXES The Congress shall have power to lay and collect taxes on incomes from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. ARTICLE XVII— ELECTION OF SENATORS 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. 2. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the Legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies liy election as the Legislature may direct. 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. ARTICLE XVIII— NATIONAL PROHIBITION Section 1. After one year from the ratification of this article, the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof, for beverage purposes is hereby prohibited. Sec. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Sec. 3. This article shall be inoperative unless it shall have been ratified asan amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven year* from the date of the submission hereof to the States by the Congress. ARTICLE XIX— WOMAN SUFFRAGE Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Sec. 2. Congress shall have the power to enforce this article by appropriate legislation. mSLSr CONGRESS COPIES of this book, with fur- ther suggestion for its use can be obtained by writing to the office ot the Division of Training for Citizenship National League of Women Voters 811 Superior Avenue, N. B. Cleveland, Ohio