Who makes the "needful rules and regula- Who may admit new states into the Union? How is a state made from a territory?1 Under what conditions may new states be formed from old ones? IV. iii. 1. How many territories are there now?" How many states have been territories? Which have not? doubt, the most important measure passed by the Congress of the Confederation. (1) It planned a system of territorial government that has been adopted, with various minor changes, for all the territorial governments since that time. It provided a governor, secretary, a court of three judges, and a legislature to consist of the governor and judges. But there was to be an assembly of representatives and a council as soon as the territory had 5,000 free male inhabitants. (2) Another part of the law was a very good and complete law for the descent and conveyance of estates. (3) A third part of the law was six articles of compact. These contained some of the fundamental rights that were embodied in the Constitution, which was made the same summer that this Ordinance was passed. One article gave encouragement to education in the following words: "Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." The last article prohibited slavery in the territory of which the Ordinance was to be the constitution. The territorial government so organized was bounded by the Ohio River, the western limits of Pennsylvania, the lakes, and the Mississippi River, and was known as the "Northwest Territory." The Articles were made a sort of compact between the people of the territory and the people of the original states, which should "forever remain unalterable", except by common consent. Besides the influence the Ordinance has had in many other directions, there is one result which should be specially mentioned. The provision regarding slavery kept slavery out of the territory northwest of the Ohio River, and out of all the states afterward formed in that part of the United States. It is quite certain that, if it had not been for the Ordinance of 1787, slavery would not yet be abolished in the United States. 1 When a territory decides that it wishes to become a state, and be admitted to the Union, it is necessary to have an "enabling act" passed by Congress. This specifies the conditions to which the territory must conform in order to be admitted, and permits the adoption of a state constitution. When the territory has fulfilled the conditions and adopted a constitution that is acceptable to Congress, then an act is passed by Congress admitting it as a state. There has been no uniformity in the population of a territory when admitted, or in the size of the new state. 2 Vermont, Kentucky, Tennessee, Maine, Texas, California, and West Virginia, were never territories. Of the 45 states at present (1898), there were also the 13 original states, which were never territories. There still remain Arizona, New Mexico, Oklahoma and Alaska territories. The last has a governor, but no legislature. PROTECTION BY THE NATION. What is a republican form of government (IV. iv.)? What do you think the word "guarantee' means, in IV. iv. ? What does the Constitution provide about the way in which a state may get help from the Nation for protection against "domestic violence"? IV. iv. THE SUPREME LAW. What is meant by "the supreme law of the land" (VI. ii.) ? Which of the three parts of the "supreme law of the land" is highest in authority? VI. ii. Suppose that a state law contradicts a law of Congress. Which will prevail? Does it make any VI. ii. difference what the law is about? In case a state law and the national Constitution are contradictory, which has the greater weight? VI. ii. May a law of Congress be contrary to the Con- When are laws "made in pursuance of the What is the object of binding judges of a bers of Congress and of the state legislatures. Of all judges of state and Nation. What connection has a "religious test" with supporting the Constitution ? 1 CITIZENSHIP. Who are citizens? Article XIV., Amendments. Review the meanings of the words (1) naturalization, (2) citizen, (3) immunities, and (4) alien. How may a person forfeit his right to the To what class of people did Amendments What was the object of XIV. ii. and XIV. iii. Should a property test be required? THE BILL OF RIGHTS. What is the meaning of 'bill of rights'?3 1 In many countries, religious tests are required for holding offices and it is very common to discriminate against the members of some religious body. The Jews have suffered much, especially from the countries having a state church. (See page 258, note 2.) Until 1877 the constitution of New Hampshire had a provision requiring the governor and members of the legislature to be Protestants. 2 To take away from the leaders of the southern rebellion the right to hold office. 3 The name 'bill of rights' usually means a written enumeration of individual rights. At the time of the Revolution nearly every colony embodied such a bill in its constitution. Since then it has been customary to have su h a list of rights in State constitutions. See the bill of rights at the beginning of the Constitution of Nebraska. Notice what things are taken from the Amendments to the national Constitution, and what are taken from the Declaration of Independence For the latter, see page 263. The individual rights so carefully guarded are the same that the people of England secured from their kings, by several charters and bills. See the following note, Name the first great charter of English history, which contained a statement of most of the ordinary rights enumerated here in Articles I. to IX. of the Amendments. What was the importance of the bills of rights at the time of the Revolution? 1 What rights are guaranteed by Article I. of What is an "establishment of religion"? What injustice would be done by a state What is gained by having "freedom of speech and of the press "? Compare the meanings of the words 'liberty', 'freedom', 'license', and 'law'. Under what circumstances would a government be justified in taking away the right to assemble? What do you understand by the right of petition? 3 If the people were not allowed "to keep and bear arms" (Article II.), could they organize private militia companies? 1 The Magna Charta was the first bill of rights. It was drawn up by the various classes of the English people in 1215, and King John was forced to sign it. It contains a summing up of the rights and duties that the people felt belonged to them. All great progress in the written or constitutional liberties of English-speaking people dates from the Magna Charta. 2 When a government adopts a religion the act is spoken of as an establishment of religion. The church is said to be the state church. E. g., the English church; the Russian, or Greek church. 3 Centuries ago when the people had few rights and governments were on the whole more despotic than they are to-day, the right to petition for redress of grievances was very important. The right was jealously guarded and placed in most of the written constitutions of the new American states at the time of the Revolution. A good instance of the use of this right was seen during the days just before the civil war, when Congress was asked by many petitions to take action regarding slavery. Const. of Nebraska, I. xix. When may soldiers be quartered upon private proverty without the consent of the owner? Article III., Amendments. What is meant by the 'right of search'? Compare Constitution of Nebraska, I. vii. Under what circumstances are searches and seizures by the government right and proper? Are searches by private persons ever lawful? What is a "capital" crime? An "infamous" crime? State the meaning of "presentment or indictment of a grand jury." See page 117. How is the military law different from the civil ?1 1 Why do not soldiers have trials like other What is the provision in Article V. of the 1 On account of the demand in military affairs for promptness, and by the theory that punishes a breach of military law much more decisively than the civil law punishes a violation of it, military trials are marked by great dispatch. There are, however, many provisions in the military law guarding against unfairness in the trial. The trial is public, a soldier may not be twice tried for the same offense, he may have counsel. Unlike other trials, the military trial does not allow counsel to speak for a man. He has to speak for himself. 2 Carefully following the provisions of the law. |