The Agencies, Officers, And Methods For Exercising Powers Of The National Government

Now my friends, we have reached the end of discussion of the personal guaranties of the Constitution—the American Bill of Rights.

As I have heretofore stated, this is the real, important part of the Constitution, because it is in a study of these guaranties that we fully realize the blessings of our free American government. Any one who has earnestly considered this great American Bill of Rights can readily answer the question, “What has America done for me and for my children”?

But I would not have you feel that the other parts of the Constitution are of small concern. Each provision of this great charter of human rights is very important, and worthy of careful study.

Article I of the Constitution provides that all legislative powers granted “shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”. Now you will understand of course that up to the time the Constitution was adopted, the United States had no power; in fact there was no United States. The colonists through the Articles of Confederation had attempted to establish a Nation which was designated “The United States of America”, but the result of their efforts was really a confederation, and not a real union.101 The Nation was formed by the adoption of the Constitution. The Nation formed was in the nature of a partnership. I suppose you know but little about partnerships organized by individuals. A partnership is generally formed by a written agreement signed by the [pg 182] partners. This agreement usually contains provisions as to the share or interest of each partner, the power of the partners and of the partnership, and the objects and purposes of the partnership.

The United States is a partnership between the people and the Nation. The Constitution is a partnership agreement binding upon all the parties to the agreement. Before the adoption of the Constitution the people possessed all the power of government and governmental action. The people gave some of their power to the Nation, but only a small part of the power of the people was given. Always bear in mind that the United States—the Nation—has no power, and never had any except what the people granted in the Constitution and in the amendments thereto.

You will see in Section 8 of Article I the specific powers granted to Congress by the people. They include the following: lay and collect taxes; pay debts; provide for defense and for the general welfare; borrow money; regulate commerce among the States and with foreign nations; provide for naturalization and uniform rules of bankruptcy; coin money, regulate the value thereof, and fix the standard of weights and measures; punish counterfeiting; establish post offices and post roads; protect authors and inventors by copyrights and patents; establish courts; punish piracies and felonies on the high seas; declare war, raise, and support armies; provide and maintain a navy; provide for organizing armies, for disciplining the militia, and for calling them to serge in certain emergencies; exercise exclusive power of legislation “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”; make all laws necessary and proper for carrying into execution the foregoing powers “and all other Powers vested by this [pg 183] Constitution in the Government of the United States, or in any Department or Officer thereof.”

So you see large powers were granted by the people to the new Nation.

However, the people were very careful. Nearly every government in the world, before the organization of the United States, had at times proven false to the people. Many governments were false to the people all the time. Indignities and abuses were often heaped upon helpless men, women, and children. Governments were more often maintained to serve royalty or aristocracy than to protect the rights and liberties of the common people. Therefore when it came to organizing this new Nation, the people were careful to guard against the abuses of the past. Thus they not only specified definitely the powers conferred upon the United States, but (Sections 9 and 10 of Article I) positively stated certain things which the United States could not do.

The people also were suspicious. The experience of the human race with governments justified this suspicion. When the Constitution was submitted to the people, many protested that the individual liberties of the people were not sufficiently guarded; and before the people consented to ratify the Constitution, it was necessary that they should be given assurance that upon the ratification of the Constitution, amendments would be proposed and submitted to the people, expressing clearly the guaranties given to the people against improper exercise of power by the National government and especially protecting the liberty of all the people. These amendments, which constitute the Great American Bill of Rights, were proposed by Congress in 1789 and were ratified by the States in 1791.

Now let us get the foregoing brief summary fixed in our minds.

The Constitution is a partnership between the [pg 184] people and the Nation in which the people (1) grant to the Nation certain specific powers; (2) restrain the Nation from exercising powers not granted; and (3) in many particulars direct the manner in which the powers granted shall be exercised. The Constitution also provides for what may be termed the “machinery of government”. It separates the powers of government into three divisions: the legislative, the executive, and the judicial. It then provides for the officers (the agents or servants of the people), who shall exercise the powers of each department, and prescribes certain qualifications for such officers, the methods of their selection, and the terms of such officers.

In Article I we find certain qualifications for Senators and Representatives—the length of their term of service. Senators are elected for six years, Representatives for two years. There are also certain provisions as to their election, the organization of the Senate and House, to some extent the method of procedure, and direction as to the exercise of certain powers.

Article II of the Constitution fixes certain qualifications for President of the United States, the executive head of the Nation; provides the manner of the election of the President and the Vice President, confers certain powers and duties, provides that the term of office of President and Vice President shall be four years, and designates the causes for which they may be removed by impeachment.

Article III of the Constitution provides for courts and judges, and fixes their jurisdiction—their power—and gives direction as to trial and penalty in certain cases.

Thus we find that the Constitution guarantees a National government (a republican form of government), confers certain powers formerly held by the people, provides an executive to enforce the powers granted, a legislative body to make laws under which the powers may be exercised, and establishes [pg 185] courts to construe and apply the laws enacted, to the end that human rights and liberties shall be protected.

Let us carry in our minds this picture of the people of the colonies, who through generations had struggled with royalty to secure the blessings and liberties for which they had come to the New World. In the local government of the colonies much had been done to apply the principles of liberty, but in their relation to the mother country they had endured abuses and sufferings, which finally in 1776 found expression in the Declaration of Independence.

In an effort to unite their strength they had formed a federation of the thirteen States, but their dreams of a free country were not realized until in the Constitution they had formed the “more perfect Union” which was created to “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity”.

Now let us bear in mind that the people reserved much of their power, which under the plan of government adopted was to be used in their respective States under Constitutions and laws expressing the will of the people with relation to their domestic affairs. At our next meeting, we shall consider briefly something of the Constitutions of the States, where they come from, and the wonderful purpose they serve in carrying out the scheme of the people in actual self government.

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ELEMENTARY QUESTIONS

1. Why are the individual guaranties of the Constitution so important?

2. What is meant by legislative power?

3. In whom is the legislative power of the United States vested?

4. When and how was the Nation formed?

5. What is a partnership? How is it usually formed?

6. From whom did the United States obtain its power?

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7. State the terms of service of: (a) the President, (b) Senators, (c) Representatives, (d) the Vice President?

ADVANCED QUESTIONS

A. Tell some of the powers conferred by the people upon the United States.

B. Into what departments does the Constitution separate the powers of government?

C. At the time of the adoption of the Constitution, why were the people suspicious?

D. Name some officers now in service of the National government: (a) in the executive department, (b) in the legislative department, (c) in the judicial department.

E. Write a statement of the attitude of the people of the States when the Constitution was submitted to them for ratification, what was the subject of public discussion, what parties were formed, and what was done to secure the consent of the people to ratify the Constitution?

F. Write in 100 words or less a summary of what the United States Constitution is.

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