The Short Constitution

Elementary Americanism Series

Being a Consideration of the Constitution of the United States, With Particular Reference to the Guaranties of Life, Liberty, and Property Contained Therein, Sometimes Designated The Bill Of Rights

By

Martin J. Wade

Judge of the United States District Court

And

William F. Russell

Dean of the College of Education, University of Iowa

Annotations By

Charles H. Meyerholz

Professor of Social Science, Iowa State Teachers College

Third and Revised Edition

American Citizen Publishing Co.

Iowa City

Copyright, 1920, 1921

Contents

[pg 003]

What Has America Done For Me And For My Children?

This question may not be spoken, but it is in the hearts of millions of Americans to-day.

All those who attempt to teach Americanism to foreigners, and to Americans, must be prepared to answer this question. It can only be answered by teaching the individual guaranties of the Constitution of the United States, and of the States, which protect life and liberty and property.

It can only be answered by convincing the people that this is a land of justice and of opportunity for all; that if there be abuses, they are due not to our form of government, but that the people are themselves to blame, because of [pg 004] their ignorance of their rights, their failure to realize their power, and their neglect of those duties which citizenship imposes.

All over the land earnest men and women are endeavoring to teach the great truths of Americanism, and with substantial success; but those who understand human nature realize that the faith of our fathers can only be firmly established by lighting the fires of patriotism and loyalty in the hearts of our children. Through them the great truths of our National life can be brought into the homes of the land.

And the Nation will never be safe until the Constitution is carried into the homes, until at every fireside young and old shall feel a new sense of security in the guaranties which are found in this great charter of human liberty, and a new feeling of gratitude for the blessings which it assures to this, and to all future generations.

About The Authors

For a work designed to promote education in the spirit of American citizenship it would be difficult to imagine a more competent authorship than that which has been provided for “The Short Constitution”. Either of the writers alone would have produced a book of high standing in this field; the collaboration of the two makes it a remarkable production in its adaptation to the subject for home reading, the study club, and the school curriculum. It is unique, and has justly been termed “the first real attempt to popularize Constitutional law.”

Federal Judge Martin J. Wade has had a varied contact with people in his long experience as practicing attorney, district judge, member of Congress, and Judge of the United States Court. A well known Iowa publicist, he has gained nation wide fame as a public speaker and writer on Americanization and citizenship topics, basing his themes on first-hand experiences with conditions which have produced much unrest throughout the Nation. As a member of the State Council of National Defense during the World War, and as presiding judge at the trial of many obstructionists in that period, he conceived the idea of the need for a school of Americanism, to teach what our country has done for its citizens. Clearness and eloquence mark his public addresses, and have enriched the arguments and illustrations of this first book of the “Elementary Americanism Series”.

Dean William F. Russell was the educational adviser sent with a group of experts by appointment of the President of the United States to advise disorganized Russia during the latter part of the World War; and also one of the five members of the China Educational Commission of North America, sent to China in 1921. His course of study in American [pg 008] citizenship, written at the request of the National Masonic Research Society for use throughout the United States, was inspired by the observation that the government in Russia, in contrast with our own, was an agency that took money for its coffers and boys for its armies and gave nothing in return. In addition to his work as Dean of the College of Education of the State University of Iowa, and his record as a widely-known lecturer on educational topics, he has found time to write school texts notable for accurate and concise statement, adapted to arousing and sustaining interest in the student mind.

The authors have done more than present the facts about the Constitution of the United States, with particular emphasis on its personal guaranties. They have vitalized a topic generally thought to be dry and technical. They have succeeded in making the Constitution seem to be what it is, a factor of first importance in the daily life of the average citizen. It is not too much to say that the seed of this book should be planted in every home in America.

The admirable work of annotation by Professor Chas. H. Meyerholz, Professor of Social Science in the Iowa State Teachers College, gives much additional material for elementary and advanced study. Professor Meyerholz is well known as an authoritative teacher, writer, and lecturer on subjects pertaining to government, and has done much valuable Americanization work.

The elementary and advanced questions at the end of each chapter will serve as a guide to all teachers and leaders of study classes. The text of the Declaration of Independence and the Constitution of the United States, with the original capitalization and punctuation preserved, and an abridgement of a State Constitution, printed at the end of the book, are valuable for reference.

The Publisher

Preface

“The Short Constitution” is one of a series of volumes entitled “Elementary Americanism”, intended for use in the home, the club, the school, and in general Americanization work.

It is our hope that regular courses in “Americanism” will soon be established in all schools, colleges, and universities.

We use the term “Americanism” because we feel that it signifies something broader, deeper, and more appealing than any title now used in the schools in the teaching of American government, or citizenship, or the rights and duties of the citizens of the United States.

We like the term “America” better than “the United States”. “The United States” suggests boundaries, codes, and constitutions. “America” suggests all these and then it suggests spirit. There is such a thing as “Americanism”. It includes all there is of information relating to our country; but it also has a soul “Americanism” relates to democracy, into which enter all the ideals, all the impulses and emotions of men, women, and children. “Americanism” teaches not only the relation of the States to the National government, and the relation of citizens to both the State and the National government, but it also teaches the relation of men, women, and children to each other.

This is a government by the people, and therefore we must understand the people in order that we, the people, may govern.

To arouse patriotism and loyalty we must do more than develop the powers of the mind, do more than expand the field of knowledge. We must inspire in the heart faith, confidence, and love. Men must not only learn how to govern, but they must learn how to be governed. We must not only learn to command, but also to obey. Our spirits must be so [pg 010] molded that we can submit to duly constituted authority, submission to which is the most lofty expression of American patriotism.

Submission to authority in America is submission to law, for no man in this country has any authority to command or direct a fellowman, except as the law made by the people vests him with such authority.

To inspire devotion to our country we must arouse in the hearts of our people a sense of gratitude for the blessings which come to us because we live in free America, gratitude for the rights and liberties which we possess, which are protected by the guaranties of a written Constitution adopted by the people themselves.

There is only one way in which the average person may be brought to see what America has done for him, and that is by contrasting the rights, privileges, and opportunities which he has with those possessed by others in the same walk of life before the Constitution became the bulwark of the people against injustice and wrong.

The aim of “The Short Constitution” is to present, in a form as simple as possible, a definite knowledge of all the personal guaranties of the Constitution, with an explanation of what they mean, and what they have done in the advancement of human happiness; and a brief explanation of the machinery of government provided by the Constitution.

Everyone who understands human nature will admit that to mold the spirit, to inspire faith, and to excite gratitude training must begin in childhood. The child must learn:

(a) What authority means.

(b) The source of authority.

(c) In whom authority rests: in the parent, in the teacher, and in public officers selected by the people to enforce the authority of the community, the State, and of the Nation.

(d) How the authority of the people, the community, the State, and the Nation is expressed through laws which are nothing but rules of human conduct.

(e) How we should respect authority and submit to authority.

(f) How and by whom those who will not yield obedience to authority out of respect will be compelled to obey by punishment.

We have adopted a new method of presenting this subject. In this country authority is largely administered through the courts. Judges of the courts construe the Constitution and the laws; and, generally with the aid of a jury, determine rights and wrongs, and enforce justice through their judgments and decrees.

We therefore feel that the subject “Americanism”, presented through the spoken word of a judge, will better gain and hold the attention of the pupil than in any other way. We have the teacher invite Judge Garland to deliver a series of “Talks” to the pupils, which are herein presented. By this direct method greater freedom of expression is permitted and with the aid of notes greater brevity is possible. In these “Talks” considerable apparent repetition will appear. This is essential to thorough understanding. Without reiteration it is impossible to accomplish our purpose which is not only to enlighten, but to inspire.

Our endeavor is to present the subject not from the standpoint of the government, but from the standpoint of the people. The rights of the people are of first importance in a Nation where men, women, and children are free. The State and the Nation have no rights except those given them by the people. Strictly speaking the Nation and the States have no “rights” but only the duty to exercise certain powers in the protection of the liberties of the people.

In America the rights of the people are supreme. The state exists for man, not man for the state.

To gain substantial results we must rely largely upon the industry and enthusiasm of the instructors. We are sure they will realize that in the “upbuilding of the spirit” a proper atmosphere must be created and maintained. Doctor Steiner wisely said, “Religion cannot be taught, it must be caught”. In other words religion is of the spirit; so is patriotism. Always bear in mind that in presenting the Constitution we are teaching human rights under the Constitution.

It is more than a century since the Constitution was ratified, and, so far as we have knowledge, this is the first direct attempt to translate its guaranties into the language of the ordinary man, woman, and child. We demand respect for, and loyalty to the Constitution, but the truth is that the ordinary citizen has no knowledge of the relation of the Constitution to his life or to the life of his children.

The Authors

I. The Judge's First Talk

Reasons For The Study Of The Constitution Of The United States

For several days there had been an air of expectancy about the school. At Monday's assembly the teacher had announced that she had persuaded Judge Garland to come to talk to the teachers and pupils about the Constitution of their country and about the law, the rights, the powers, and the duties of the people. A real live judge was coming! Most of the children had never seen a judge. The word inspired a sort of dread. They had read of men being sentenced to prison. They expected to see a fierce, hard-hearted man. Some of the younger children had wondered if it would be possible to stay away from the assembly room when the judge was there, but the teacher said that everyone should be present. So important was the subject that the teachers were to be there, too; and many fathers and mothers that could spare the time were also invited. The principal had said that he would not miss a meeting.

So when Friday came the assembly room was crowded. All the pupils and teachers were there, and in the rear of the room were a few of the parents. The door opened and the principal of the school entered. By his side was a man whose gray hair and serious countenance told of years of responsibility. He did not appear “fierce”. Rather his face was kind and his eyes twinkled as he ascended the platform and stood looking out over the faces before him.

The principal introduced Judge Garland who bowed and began his series of talks to the children.

Well my friends, I am glad to see you. I am delighted to be [pg 014] back in a school room again. It is many years ago, though it seems but a short time, since as a schoolboy I sat in a school room like this, among boys and girls like you. I suppose that I studied about as you study, and did not recite any better than you recite. I thought I had to work very hard, and I remember that I often looked out of the open window of the school room when the summer sun was warm, and I thought I could hear the trees, the grass, the stream, and even the fish calling me to quit study and come out to joy and freedom. I know it was a real temptation. I could have had a good time, but I have often been glad since that I obeyed my teacher, my parents, and the law, and continued my studies in school. I am glad, because I now realize how much easier, how much happier, and how much more useful my life has been because I did not listen to the voice of temptation which called me from work to play.[1]

Since those pleasant school days I have seen much of human life. On the bench now for over twenty-five years, I have been compelled to deal with all sorts of people, even the little children who early in life sometimes drift from the path of right to ways of wickedness. I have served as judge of the Juvenile Court, and judge of the court in which the worst criminals are tried. I have heard the cases of thousands of persons on trial for crimes, men and women, young and old. I have sent hundreds to prison, and I have been compelled to sentence some to death.

In this experience, I have learned something of how easy it is, unless we are on our guard, to sin against the laws of our country, and against the laws of God. I have observed that the average person does not fully appreciate the value of liberty until he is about to lose it.[2]

I also know that most people do not know the worth of the protection which our Constitution gives to each one of us, until someone is about to take away their right to life, or to [pg 015] liberty, or to property; and then they cry out for help. If they are right in their appeal, they always find help in the Constitution and in the law of the land. Yet it is true that there is much real ignorance about our country, our Constitution, and our laws. There is even much ignorance of these things among people who are supposed to be well educated.

So I was pleased when your teacher came to me the other day asking me to come to your school a couple of times a week, to talk to you about our country, our Constitution, and our laws. I am happy to be able to comply with her request. It is a difficult subject for children, yet children must study these things, and learn them. There is no more important subject.[3]

One of the chief objects of furnishing free education to children, rich and poor, is to make of them good law-abiding citizens; citizens who know what authority is; citizens who will obey the voice of authority; citizens who realize that authority in this country rests in the people themselves; citizens, men and women, who realize that they owe a duty to their country and their fellowmen to do all they can to keep America the most free and the most just country in the world.[4]

No American child should leave school without a full knowledge of the government of our country; nor until he has in his heart loyal devotion to America, and to the Stars and Stripes, the emblem of the free.

Of course I do not expect you to learn all there is to be known about your government. However I do expect you to know the great fundamental truths which after all are very simple and easily understood.

I am not endeavoring to make lawyers. I am not trying to train you to become lawyers. You know nearly all the children in the American schools have to learn something about physiology and hygiene, but not in order to become doctors. They study physiology and hygiene in order to [pg 016] understand the ordinary rules of health, so that they may protect themselves as far as possible against disease and take care of their bodies intelligently. Of course sickness will come. Then you must call the doctor.

Well, so it is in this course. I want you to know enough about your government, your Constitution, and your laws—because these things are yours—so that you, as members of this great society called America, will be able to understand your rights and duties, your privileges, your opportunities, and your obligations. Sometime in your life your problem may become so difficult, or your rights may become so endangered, that you will have to call upon a lawyer, just as when illness comes you call upon your physician.[5]

No one knows anything of real worth about his country until he knows its Constitution. No one can have in his heart a full measure of gratitude for the blessings of living in a free country, until he knows of how fully the Constitution guards every right and privilege which we hold dear. So we shall enter upon the study of the Constitution of our country.

But in order that you may better understand the Constitution of your country, in order that you may better study the problems which will be presented to you in this course, it is necessary for you to understand something, in a general way at least, of four separate things—Government, Liberty, Authority, and Law. So before talking to you of the Constitution, I shall talk to you on these subjects.[6]

I know it will not be easy for you at first to understand some of the words and expressions which it is necessary for me to use. It will be necessary for me to repeat to some extent, from time to time, but I feel satisfied that if we will work together in the right spirit, you will find the matter interesting; and I am sure that the great truths, the great principles of life, conduct, and action will soon become clear to your minds.

The important thing to realize at all times is that we are not talking about something away off in which we have slight interest, but that we are talking of things which are ours, which affect every one of us, not in the future, but now.

I can recall a number of faces of men who have been before my court charged with crimes, who in childhood were sitting where you are sitting to-day. I have sentenced some of them to long terms of years in the penitentiary. I was compelled to take away from them their liberty, because they had shown themselves unworthy, and had shown themselves rebels against the authority of their country.

On the other hand, I recall those who came into court seeking protection of their rights against wrongdoers—against those who would take away their property, the earnings perhaps of a lifetime; and in court they found protection, justice, and right. But in administering justice and right, the court was only applying the principles of the Constitution of our country which we are about to study.

So let us enter upon this work with a determination to succeed in our undertaking. You know that has a great deal to do with our success in life—a determination to succeed.

When you boys take your baseball team to play the team of some other school, you start for the baseball park determined to win the game; and, if you keep up this spirit, you probably will win the game. In any event, you play a real game of which your friends are proud. That is the way to meet all the problems of life, whether in the school room, or out in the world after you have entered upon the great battles of life.

ELEMENTARY QUESTIONS

1. Did you ever see a judge? Would you be afraid of a judge? Why?

2. What are the duties of a judge?

3. Why did the judge say, “But I have often been glad since, that I obeyed my teacher, my parents, and the law, and continued my studies in school”? Why do boys and girls go to school? Why is the public willing to pay large sums of money to pay teachers, buy books, build school buildings, and keep them open?

4. What law was it that the judge said he was glad that he had obeyed?

5. Why did the judge send hundreds to prison? Why was he compelled to sentence some to death?

6. What are the advantages of staying in school? What more do you know when you graduate from elementary school than those who quit earlier? Should one try to graduate from high school? Why?

7. The judge says that one of the chief purposes of school is to make good, law-abiding citizens. Think of some person you know who is a “good, law-abiding citizen”; think of some one who is not; name five ways in which they are different.

8. Have you read the Constitution of the United States? Should a good, law-abiding citizen know what is in the Constitution of the United States?

9. The judge says that we owe a duty to our country. List five duties that a school pupil owes to his father and mother, five that he owes to his teacher, and, if you can, list five duties that all of us owe to our country.

10. The judge says that the Constitution guards every right and privilege that we hold dear. Can you name any rights or privileges that you hold dear?

ADVANCED QUESTIONS

A. Why do we say that the United States is the “land of the free”? Why does the judge say that it is the most free and just country in the world?

B. How are judges selected? To whom are they responsible? What are their duties?

C. What are likely to be the results of poor schools?

D. Should a parent have a right to give a child as poor an education or as little schooling as he may desire?

E. Why do some States require children to study physiology and hygiene? Is there as good an argument for a study of the Constitution?

F. Why does the judge say, “No one knows anything of real worth about his country until he knows its Constitution”?

G. The judge says that good citizens know what authority is. Give an illustration of a child, a student, and a citizen who knows what authority is. Define authority. Give an illustration of a man who does not respect authority.

H. When is a country a “free country”? What is a “just country”? How can a judge justify himself in a free country when he sends some men to prison, thereby taking away their freedom?

I. How can an American protect his liberties? What steps must he take?

J. Prepare a paper on one of the following subjects:

The Advantages of Staying in School

One Law-abiding Citizen That I Know

What One Man I Know Knows About the Rights and Privileges of the American Citizen Under the Constitution.

Why Everyone Should Study the Constitution

What a Law Is, Where It Comes From and Its Value

II. Government

The Purpose And Origin Of Government Among Men—In The United States

It is a little difficult even for grown people to understand clearly what is meant by “the government”. They have so many absurd notions about what the government is, and where it is, that I do not wonder that children do not understand. If I could look into the mind of each child here this morning, I am sure I would find many that picture the capitol at Washington, the President, or some other officer as being the government. Now the capitol and the President and the Congress and the Supreme Court of the United States and all other National officers are part of the government, but they are not the government.[7]

The government of the United States is merely the agency by which and through which the people protect their own rights and liberties. Our government may be said to be the organized will of all the people. The people govern in this country, and the men and the means by which they govern all combined may be said to be the government. But do not ever forget this fact: the President is not a master, but a servant. The President, Senators, congressmen, and judges, in the Nation; the Governors, State Senators, and State Representatives in the States are only agents or servants of the people to carry out the people's will. Also do not forget that the power of government does not rest in Washington, the capital of the Nation, nor at the capitals of the different States. The power of government exists all over these United States. The power of government exists right in the homes and hearts of the people.[8]

The President has no power except that conferred upon him by the Constitution and the laws which the people have adopted. Neither have the Senators, the congressmen, nor the judges any power except that given by the people, and the people at any time can take away any part of the power given. When I say the people, I mean of course all the people. Not that all the people must agree to any law to have it enacted. The majority of the people make the laws as a rule. We shall take this up later and consider it fully. Government is power to exercise authority. Authority is in the people, and the authority of the people is expressed as they want it in laws which they make.

But what is government for? Why have any government?

Government is organized to protect human rights.[9] Perhaps if you were a giant possessed of wonderful wisdom you would not need any law to protect your rights because you would be big enough, powerful enough, and wise enough to resist any person who might undertake to interfere with your rights; but we are not all giants and we are not all wise. In fact there are very few giants in the world. It is true, however, that some are bigger and stronger than others; and sometimes these big, strong people are selfish, wicked, or envious. They see that a weaker person has something which they want, and being big and strong, if there were no law to restrain them, they would take it.

Now if you have a bicycle and some full-grown, strong, brutal man were to come into your yard, take your bicycle, and start away with it, what would you do? You might protest. You might beg him not to take your property, but this would probably do no good. A thief does not stop when he is asked to by the owner of the property he is stealing, nor is a thief influenced by the fact that his act is wrong. In fact doing wrong is the business of a thief.

So there being many strong people in the world and many [pg 022] weak people, many wise people, and many simple people, the full grown and the children, and many, many people who are not guided by rules of right or morality or justice, you can see how necessary it is that someone shall provide rules and regulations under which the weak, the simple, and the young may be protected from the strong, the brutal, and the wicked who would deprive their neighbors of their rights or their property, simply because they had the power to do it. This is what the government does.

There have been times in the world, hundreds and thousands of years, during which the strong governed the weak, made the weak their slaves, took from the weak the earnings of their toil; but our government exists for the very purpose of restraining the strong and protecting the weak, so that their rights are equal. Every man is free and no man is a slave.

Therefore always keep in mind that the purpose of government is to protect the people of all classes and ages so that, so far as possible, all may be equal in their right to do the things they want to do, own the things they want to own so far as they are able to produce or procure them, think the things they want to think, and speak the things they want to speak. In other words, government is to protect our freedom against the wrongs of others.

Now we must not have the notion in our mind that the government has anything to do with who shall work, or who shall play, or who shall idle. Occupations in life are not selected by the government. Each person determines this for himself. That is one of the privileges which we have in a free country, to select our own occupations; and as you go through life you will find that what appear to be the higher or better occupations are usually earned by industry, faithfulness, and honesty.[10]

I am going to talk to you some day about occupations in [pg 023] life so that you will understand that our place in life is selected by ourselves, determined by our efforts and our conduct. I want you to start out in life with such a knowledge of these things that you will never blame your country if you do not like your job.

But how did our government come into existence? What was the beginning? Well, it is all very simple if we only get right down to elementary principles, if we only “begin at the beginning”. Perhaps your father is a Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member of the American Federation of Labor. Perhaps your mother belongs to the Eastern Star, or the P. E. O. society. Perhaps you belong to some school fraternity, debating society, or neighborhood club, the Boy Scouts, or the Camp Fire Girls.

Now let us go back a few years. None of these societies were in existence. Where did they come from? One day, years ago, a few men and women, or boys and girls, met perhaps in some home, or the office, and talked over the plan which perhaps had been suggested by some one present at the meeting. After discussion, it was decided to form an organization. I have no doubt that most of you have had such an experience. The beginning of each society was merely an idea in the mind of some one. He or she talked of it to some one else, and the discussion extended until enough of interested persons came together to complete an organization and give it a name.

What was the first step in perfecting the society or organization? It was the preparation of a written statement of the purposes and principles of the organization, which is usually called a constitution. When the constitution was completed, usually by a committee, all those about to become members of the society met and talked it over. Changes probably were made and the constitution finally adopted. Probably [pg 024] some voted against it, but those who did vote against it recognized that they should be bound by the judgment and will of the majority.[11]

Laws, or by-laws, as they are generally called, were then adopted to govern the conduct of the members in their relation to each other and to the society. These by-laws have been amended from time to time ever since, and perhaps at all times some of the members have believed that the by-laws should be different, but they have submitted to the will of the majority.

So with the United States. There was a time less than one hundred and fifty years ago when there was no such thing on earth. A comparatively few men, representing the people of the former colonies, decided to form a Nation, and in the Constitutional Convention after months of discussion, the Constitution was adopted, and it was finally ratified by the people of the States. While many persons opposed some of the provisions of the Constitution, all submitted to the will of the majority.

Thereafter, rules of conduct called laws—in your society by-laws—were adopted, and from time to time changed and extended as circumstances seemed to demand. We are going to talk about these laws in a few days.

But there is the whole story. There is the simple beginning of this now great Nation, the most powerful on earth.

So you see there is nothing mysterious about the origin of our Constitution. There is nothing mysterious about the origin or the organization of this government. The important thing to bear in mind is that it was formed by the people for themselves. Humanity, after thousands of years, had reached a point where they refused longer to be governed by a king or similar ruler.

All this will become more clear to you as you understand something of the nature of liberty and of law.

ELEMENTARY QUESTIONS

1. What is the government of the United States? Why isn't the capitol at Washington the government? Why is it impossible to point out the government of the United States upon the map?

2. What is a servant? Describe a servant. Why does the judge say that the President of the United States is only a servant of the people?

3. Was the Kaiser a servant of the German people? Why not?

4. Where does the President get his power? Where do members of Congress get their power? Judges? The Sheriff? The Mayor?

5. If we do not like what our servants do, how can we control them?

6. What is government in a school? In a club? What would it be like if there were no government in either? Name five advantages of having a government.

7. Suppose that you were like Robinson Crusoe, except that five of you were shipwrecked. Would you form a government? Why?

8. If you were tie write a constitution, what would you include?

9. Suppose that a man came into your yard and tried to steal your bicycle, what could you do to protect your rights?

10. Do all people do what they think is right? How can you tell what is right and wrong?

ADVANCED QUESTIONS

A. What is the purpose of government?

B. Why is it wrong for the great and powerful to govern the small and weak? Does might make right?

C. Which would be the better government, one based upon might makes right, or one based upon right makes might? Why?

D. How can right make might?

E. In a free country can the government prescribe what occupations in life the people must follow? How are the higher and better occupations acquired in America?

F. How did the American government come into being?

G. How would you organise a literary society? List the steps in detail. Would you have a constitution? What should be included in any constitution?

H. Discuss the effect of a sudden breakdown in government.

I. What were the first steps in the actual organisation of the government of the United States?

J. Write a paper on:

The Ways in Which the Postmaster, Superintendent of Schools, Sheriff, Coroner, or Judge Serves the People

Why We Cannot Locate Our Government On the Map

The Advantages of Having a Government

What a Constitution Should Include

III. Liberty

Definition Of Liberty And The Historical Background Of The Struggle For It

I hope that we now all understand that the purpose of government is to maintain the liberty of the people. I wish that every child would learn from the Declaration of Independence the following:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”[12]

This expresses the whole purpose of government—to secure the right to life, to liberty, and to happiness.

I suppose every child here would like to be rich some day. A great many people feel that riches bring happiness. The experience of men, however, is that riches more often bring disappointments, burdens, and grief.

What is the most valuable thing in the world? It is not money, lands, nor jewels. The most valuable thing in the world is human liberty. I do not believe that we, born here in America, realize the value of human liberty. It comes to us as a heritage. We accept it as we accept the sunlight, the springtime, the harvest. I am afraid that we seldom stop to recall the fact that the great blessing of human liberty, as we have it here in America, did not exist before our Nation was born. Always remember that there were thousands of years before our country came into being, when the people, men, women, and children living in many countries of the [pg 028] world and under many forms of government dreamed, hoped, and prayed for freedom. But it never came to them. They lived, labored, and died under kings and emperors, or other rulers, never having any power, or at most very limited power, in making the laws under which they were compelled to live.[13]

To a considerable extent the history of the world is a sorrowful story of men who fought and died in struggles for liberty, the same liberty which we in this country enjoy. We must not forget that freedom in this Nation was obtained only through war, bloodshed, and sacrifice.

Now what is this liberty for which men have fought and died? It is liberty of thought, liberty of speech, liberty of conscience, liberty of action, liberty, as the Supreme Court of the United States says, “of all the faculties”. Men wanted the right to form their own opinions and to express them in speech or in writing. They wished to worship God according to the dictates of their own consciences, and not as directed by the ruler of the government. They wanted to work in employments of their own choice, to have their own earnings for themselves and their families, instead of having it taken as tithes or taxes to buy purple robes for some monarch upon a throne. They wanted the right to own property, to own a home; and they hoped and prayed for the day when their children might have a chance to advance in life according to their merits. They hoped some day to have the door of opportunity open to the son of the poor man as well as the rich. They hoped to see class and privilege wiped away.[14]

These were the things that men and women throughout the centuries struggled for, but which were never attained in the whole history of the world, by any race or by any nation, until America opened its doors to all the peoples of the earth, guaranteeing to them all the blessings which had been so long denied to the human race.

You will understand better the functions of government with relation to human liberty if you will realize that human liberty is a natural right. It comes from no man and no government. It is “God given”. Men are born free. The love of freedom is in every human heart. Again recall the words of the Declaration of Independence—“all men are created equal ... they are endowed by their Creator with certain unalienable Rights”, among which is liberty.

America does not confer liberty upon the individual. America realizes that the individual possesses the right to liberty, and the whole structure of the American government is framed with the special purpose of protecting each individual in his natural liberty.[15]

Now there is no danger to the liberty of any one except from two sources—the wrong of a fellowman, or the wrong of the government, which in this country is a mere organization of men and women and children. Here we see emphasized the necessity for law in order to protect the liberty of the individual. Government is organized to protect individuals in their liberties. This protection is furnished by laws enacted by the people to protect the weak against the strong, the good against the evil; and in this country the same law applies to every individual. There are no special laws for special classes; every one is equally interested in having these laws as just and fair as possible. Liberty under law is the privilege of doing everything one wishes to do, except in so far as his acts may interfere in some way with like privileges of those who are about him in society.

Therefore always keep in mind that the great achievement of those who founded America was the establishment of a Nation where liberty would have a home. Of course liberty could not be fully established in this country until the Nation was fully established, until the Constitution was adopted, until laws were enacted; but from the adoption of the Constitution [pg 030] to the present time the people have enacted laws from time to time, and still enact laws, the better to protect every man in his liberty and to enlarge his opportunities in life.

Now in order to understand clearly how the liberties of the people are protected through our government, we must understand the nature and form of our government; and this subject we must take up at our next meeting.

ELEMENTARY QUESTIONS

1. What is your idea of the right to “life”? Does it mean that no one shall ever be sentenced to death for murder?

2. What is your idea of the right to “property”? Does this mean that everyone shall be wealthy? Does it mean that everyone shall own his own home?

3. What is your idea of the right to “pursuit of happiness”? Does this mean that everyone can do as he pleases?

4. Why does the judge say that liberty is the most valuable thing in the world? What would you trade for it?

5. Note the dangers to liberty that the judge points out. What are they?

6. Give an illustration of each of these dangers.

7. How may we protect ourselves against these dangers?

8. Where does this liberty that we enjoy come from? Who grants it?

ADVANCED QUESTIONS

A. In what particular ways does the Constitution of the United States guarantee liberty?

B. What forms of government existed before the United States? What liberties did the people of Russia, or France, or England enjoy in 1600?

C. Who really possesses the power of government in the United States?

D. How is the liberty of the individual protected in the United States?

E. In what ways were the people of Massachusetts in 1650 not as free as we are to-day?

F. What does it mean when we say “all men are created equal”?

G. Discuss the real meaning of the right to “Life, Liberty and the pursuit of Happiness”.

H. Write a paper on:

Ways in Which We Have an Equal Chance

How We Can Make Chances Still More Equal

“I hope to see the time when every American citizen will have an unfettered start and an equal chance in the race of life.”—Abraham Lincoln

The Meaning of Liberty

A Week in a Land Where There Is No Liberty

IV. America—A Democracy

The Spirit Of Democracy Developed Under The Constitution Of Our Country

It is not sufficient that we shall know what government is and where it is. We must also understand its nature. It is the proud boast of America that it is a democracy, the first real democracy in the world. Now what is meant by a democracy? We hear much about democracy, and we hear much about republicanism, and many people when they hear or see these terms think that it has to do with the Democratic or Republican political party. We must not be confused. We must see and think clearly. Democracy and republicanism, as we use the terms in these talks, have no reference to any political party, but relate solely to the form of government under which we live.

America is a democracy. It is also a republic, as we shall see in our next talk. It is very important that we shall understand why it is a democracy, and why it is also a republic, and the distinction between the two.

It has been well said that republicanism in government “refers rather to the form of government”, and that democracy refers to the “spirit of government”. In government as with the people the spirit is the real, important thing. In a democracy the people govern. “A government of the people, by the people, and for the people”, as Lincoln expressed it, is a democracy. In a democracy no man is the master of another man without his consent. In a democracy there are no slaves. In a democracy each and all have equal rights. Every one in a democracy has an equal opportunity with every other person.[16]

You have already learned that in this country the people make the laws. In the making of laws the banker and the man who digs in the sewer have the same power. Each has one vote on election day, and no more. America has no rulers except the people. In a democracy the spirit of all should be one of toleration and kindness. All of us cannot have things just as we want them in this world. Men do not all agree, so we must let the majority of the people rule. But the majority should not have any feeling of superiority. The majority should be inspired by a sense of justice and charity toward their fellowmen. In fact a democracy is a brotherhood in which each person should think, not only of himself, but of his neighbor. In this democracy the more we think of the rights of our neighbor and the more we think of our duty toward our neighbor, the better will our government be.

In a democracy we live in the belief that all men are created equal, that all through life they are equal in their rights, in their duties, and in their privileges. I do not mean of course that all men are equal in physical strength, because you who run and wrestle every day know that some are stronger than others. I do not mean that all are equal in the powers of the mind, because some of us here this morning, even some who study hard, know that other pupils get higher marks in every examination. Nor do I mean that all are equal in wealth, in health, or in comforts.

What I mean is, that so far as life and liberty are concerned, in our rights under the law, in our protection under the law, we are all equal.

In a democracy the people make the laws, and the people enforce the laws. As we shall hereafter see, every man who takes part in making a law, and every one who aids in enforcing the law is selected by the people. But the great thing about a democracy is the spirit of the people—the feeling of the people toward each other. Pride of wealth, position, [pg 035] race, or creed has no place in a democracy. Every person should feel sympathy and charity for his neighbor, and for his neighbor's problems in life.

We should all be willing to help those who may be less fortunate. We should all endeavor to make our neighbor's life as easy as possible.

A democracy cannot be a government by groups: it must be a government by every one.

Now I do not mean to say that we in this country all have the proper feeling toward our neighbor. We are not all good citizens of a democracy. Many people have pride, selfishness, and hate. Many people do not seem to care how the rest of the world lives. Such people are not worthy to have the privileges of living in a democracy. Many people are also ignorant in matters of government. They do not seem to care what kind of a government we have. In fact many people will not vote on election day. It is because of pride, selfishness, hate, ignorance, and indifference that I am here talking to you to-day. This is a wonderful government, but it can be made much better, with more freedom and more justice, if the people will only learn more about their power and their duty, especially if they will only cultivate the right spirit—the spirit of America, the spirit of justice, humility, kindness, and charity.

“Love thy neighbor as thyself” is not only a Christian duty, but it is the foundation of social life in a democracy. You will find when you become acquainted with life that success in life does not depend upon money, clothes, nor social position, but that in this American democracy real merit wins. More and more are we learning every day that true happiness comes only from service, service to humanity, service to our country, and this spirit of service must be developed in childhood, and expand as we grow to manhood and womanhood.

That was a nice thing you did the other day, here in this school, when you put your pennies and your nickels together, bought a ton of coal, and sent it to the widowed mother of one of your schoolmates who had been sick for several weeks. He is just a poor Polish boy; but when in health he ran errands before and after school. This helped to support his mother and his little sister. I am sure that he thinks of you every day; and that he often thanks God that his father, who died last winter, had the courage to leave the old home in Poland and come to America where there is a chance for the poorest and the most obscure.

I told you a while ago that this is the first real democracy in the world. So few people stop to think about this. The world is thousands of years old. Humanity in all these thousands of years has been made up of men, women, and children just like us. They hoped for, and dreamed of freedom, but until America became a Nation no government in the world had ever been a real government by the people. They had always been ruled by a king, a queen, an emperor, by some other ruler, by a small group of men who were rulers, or by a certain class. Your father may be a blacksmith, or a street sweeper, but on election day he can vote. Up to the organization of this government no such right existed anywhere in the world. In some countries, a few men who owned a certain amount of property could vote; but the wise men of the world sneered at the American plan to give every man the right to vote whether he owned a dollar's worth of property or not.

Always remember this, too, that even when America became a Nation, the right of all the people to vote was not granted at once. Many of our States for many years required that a voter must have a certain amount of property. Finally this was all wiped away. America has been a growth, each generation doing a little more to expand the power of [pg 037] the people, and this growth, this expansion must continue. We are still a young Nation and we all have much to do to aid in making this democracy a better place in which to live.

When you hear of other democracies now existing in the world, remember that America has been their guide and inspiration. Men came from France to help fight our revolution, and carried back with them the spirit of America. In time democracy was established in France. So with all the countries in the world which to-day have a greater or less degree of democracy, to them all, America has been a beacon light, a source of courage and of inspiration. Did any of you ever see the great Statue of Liberty at the entrance to the New York harbor? If you did, you saw that grand figure looking out to the east over the great expanse of water, holding aloft the great torch which in the darkness of the night is aglow with light, the great flaming torch, which is emblematic of America enlightening the world.

ELEMENTARY QUESTIONS

1. Which was the first real democracy to be established in the world?

2. What is a democracy? What is the difference between “democracy” and a “Democrat”?

3. Who governs in a democracy?

4. In a democracy, who makes the laws?

5. How is power in government expressed in a democracy? In America, does one man have more power than another?

6. How many times can a person vote on election day?

7. Suppose Congress or the legislature in our State passes a law that we do not like. Do we have to obey it? What can we do about it? How can we secure a change in the law?

ADVANCED QUESTIONS

A. What does “government of the people, by the people, and for the people” mean?

B. What is the proper spirit of people who live in a democracy?

C. What is meant by “the majority of the people rule”?

D. What would happen if the minority should rule? Lincoln said that this meant anarchy. Why?

E. Does the minority have any rights? Should the majority pay any attention to them? Why or why not?

F. Who enforces laws in a democracy?

G. Why is it said that the best way to get rid of a bad law is rigidly to enforce it?

H. What is the result of not casting your ballot on election day?

I. It is a fact that from election to election there is an increasing percentage of the qualified voters who do not vote. What is the danger of this? What is it likely to lead to?

J. Write a paper on:

The Meaning of Democracy

The Danger of Not Voting

Why It Is Right that Women Should Vote

Why We Fought to Make the World Safe for Democracy

V. America—A Republic

A Representative Form Of Government Under The Constitution

As I stated to you in our last discourse, America is a democracy, but it is also a republic. It is a democracy in its spirit and the power of its people, but in the mode of exercise of the power of the people it is a republic. We often hear America referred to as a “representative democracy”. If America were merely a democracy there would be no fixed method for expressing the wishes or the power of the people. In a pure democracy, people having full power would naturally assemble from time to time to decide by the vote of all those present what should be done for the public good.

You will hear of the “town meeting” which even to-day in some parts of New England is held from time to time, where the people assemble, and by vote decide matters of public concern.

But this is now a Nation of more than one hundred and five million people. We have forty-eight States, many of them very populous. When the Constitution was adopted, there were only about 3,900,000 people in all the States; but those who framed the Constitution looked into the future and could see something of the wonderful growth of the Nation which they were planning. Of course it is easy for anyone to see that in a large country like this, with a large population or a population as large as it was at the time when the Constitution was adopted, it would be impossible for all the people to assemble in a meeting to vote directly upon the passage of necessary laws, or to provide for taxation, or to conduct the general business of the State or the Nation. You [pg 040] can see how absolutely impossible it would be in these days to have the people of the United States assemble at the National capital to vote on any law, or to make any appropriation, or to provide rules for exercise of governmental power.

Therefore you can readily see that the founders of this country very wisely realized that the only government possible would be what is known as a representative government, a democracy where the people would have all the power, but a republic wherein the people would express that power, not directly, but through representatives or agents chosen by them.[17]

The government of the United States and that of each of the States is sub-divided into three parts: the executive, represented by the President or the Governor, the legislative, represented by Congress or the legislature, and the judicial, represented by the courts.

Now the President and the members of Congress, including the Senate, and the judges of the courts are all merely representatives of the people chosen by the people to carry out the will of the people. The position and powers of all of these representatives of the people are fixed and defined by laws enacted by the people.

As we shall hereafter find, the first law of the Nation, the foundation of all laws of the Nation, is the Constitution of the United States, which in the long ago was adopted by the people of thirteen small States.

Our form of government therefore is representative. That is to say, the people choose their representatives to do the business of the country for the people. Laws are voted for directly by members of Congress and the Senate of the United States, or members of the legislatures of the States; but these members of Congress, Senators, and legislators are selected by the people, and in voting for laws they are expressing the will of the people who voted for them. They are elected for [pg 041] a short term of years, so that in case any one of them should not, in his vote upon any law, carry out the wishes of the people who elected him, they may at the next election select someone else in his place who will better represent them.[18]

The important thing to bear in mind in relation to this government organization, with all the officers now necessary to do the business of the people of this great country, is that these officers—executive, legislative, and judicial—are not the government; the government rests with the people, and these officers are merely servants of the people, subject to the will of the people.

It has been well said that government in a democracy is organized public opinion. Public officers, representatives of the people, have only the power which the people give to them. In many of the States of this country, in the enactment of laws, the people by law make provision by which the people themselves have the power to reject laws enacted by their representatives of which they do not approve. Under the “initiative” and “referendum” in some States, the people retain the power to direct their legislature to enact certain laws. Also laws made by the legislature may be voted upon by the people for final approval, if desired.[19]

The important thing first to be learned is that in this democracy the government is in form a republic, because the laws are enacted and enforced, not by the direct vote of the people, but by the representatives elected by the people.

The power of the people always continues. A law may be passed by one legislature, or one session of Congress, and may be repealed the next. Any law upon the statute books may be changed from time to time, in response to the changing sentiment of the people.

We are inclined to consider the term “representative government” as relating particularly to the enactment of laws, but this is a representative government not only in the making [pg 042] of laws, but also in the enforcement of laws. I want you to realize early in life that every citizen has a responsibility for enforcing laws as well as for making laws, and that for any failure or omission in the making of laws, or in the enforcement of laws, the people must bear the responsibility.

ELEMENTARY QUESTIONS

1. In what respect is America a republic?

2. What is the difference between a republic and a Republican?

3. What was the population of America when the Constitution was adopted?

4. Why was it impossible to have all the people assemble to adopt laws?

5. What is meant by a representative of the people?

6. Suppose a representative does not represent the people as they wish. What can they do about it? Give illustrations.

7. Into what parts is the government of the United States divided?

8. How are the powers and duties of representatives of the people defined? Why does the judge say that the people really have the power and that this power continues?

ADVANCED QUESTIONS

A. What is the fundamental law of the United States? Why is it fundamental?

B. How can we say that the people have power in lawmaking, when we know that the representatives make the laws?

C. How can we influence the votes of our representatives?

D. If you know that your representative is likely to vote against your own wishes, what can you do about it?

E. How soon may a law be changed after it has been passed?

F. What is meant by “initiative, referendum, and recall”? How have they worked out in practice?

G. Write a paper on the following:

The Difference between a Democracy and a Republic

How the Public Can Make Their Representatives Represent Them

Why America Could Not Do Without Representatives

The New England Town Meeting

VI. Law

Necessity For Rules Of Human Conduct For Guidance And Restraint

This morning I wish to talk with you about one of the most important subjects in the world, the law; and strange to say, most people know very little about it.

Indeed I find that the average person feels that he does not need any knowledge of the law, that the law is for lawyers, judges, and courts.

Now the truth is, that there is scarcely any activity in life in which the law does not play an important part. This is true from childhood to old age, in every calling and every occupation in life.[20] The law is not intended for any one class of people, but it applies to all classes of people, the rich and the poor, the wise and the ignorant. It also applies to all ages, to men, women, and children.

What is the law, or what is a law?[21] There is nothing difficult about it. A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others.

Every boy knows that in his home his parents have certain rules, not written or printed, but stated by his father or mother with relation to his conduct about the home, about his school, or about his play time or vacation, when he must go to bed, when he must arise, and with whom he may associate, that he must not go in swimming unless accompanied by his father, that he shall not go to the movies without the consent [pg 045] of his mother, that he must attend Sunday school regularly, that he must not eat with his knife, that he must be courteous to all persons, especially the aged, that he must not play ball in the street, and a large number of other rules and directions, all intended for the good of the boy.

Then in school you find certain rules of conduct made by the Board of Education or other officers, or adopted by the teacher.

If a boy works in a store, he finds that his employer has certain rules: the time when the store shall be opened and closed; that the boy shall sweep the floor at certain hours; that he may go to lunch at a certain time; that he shall not permit other boys to pass behind the counters, etc. All of these are illustrations of rules of conduct for children, or those under the control, authority, or direction of some older person.

But older persons, the parents, the school officers, the teachers, the storekeepers, and those of all other occupations are likewise subject to rules, are under control and direction of the Nation, the State, and the city, all having power to enforce rules of conduct, called laws, which apply to the old and the young. Without such rules, such laws, it would be impossible to maintain peace and order. Without such rules, called laws, it would be impossible to protect the weak against the strong and the wicked.

This government being organized for the purpose of protecting the rights and liberties of the people, it is necessary that laws be enacted in order that our rights and liberties shall not be taken away from us by those who may be stronger or wiser than we are. Many laws prohibit wrongful acts and provide a punishment for those who commit such wrongful acts. Thus one who strikes you without justification, one who steals your bicycle, or any other property, one who breaks into your home, or into the store, a burglar, is punished. One who kills another human being, a murderer, is [pg 046] punished. A person who willfully sets fire to a building, or is guilty of cruelty to animals, malicious mischief, or sells liquor is punished.[22] So there are scores of different offenses forbidden by the law, and punishments fixed for those who will not obey.