11. Debate the question, "The judges of the state courts should be appointed by the governor for life." 12. What are the executive departments in your state? How are their heads chosen? 13. Does the governor of your state have the pardoning power, or is there a board of pardons? Is the pardoning power often exercised? 14. Does the governor of your state often exercise the veto power? How may a bill be passed over his veto? REFERENCES Hart, "Actual Government," chapters VI-IX. Bryce, "The American Commonwealth," vol. II, part II. On the initiative and the referendum, see: Bryce, "The American Commonwealth," vol. I, chapter XXXVIII. Review of Reviews, 20: 225-226. Arena, 17: 711-721; 18: 613-627; 22: 97-110, 725-739; 24: 47-52, 493-505; 25: 317-323. Copies of the state constitution should be available. THE THIRD DISTRICT COURT OF APPEAL, STATE CAPITOL, SACRAMENTO. Showing presiding judge, two associate justices, the clerk, and the bailiff. The weak govern ment under ation CHAPTER XXIV THE GOVERNMENT OF THE NATION THE American colonists sought their independence because of the despotism of king and parliament, and they had instilled in them a fear and hatred of a ness of the powerful centralized government. When they declared their independence, therefore, it was as the Articles thirteen states, independent of each other as of Confeder- well as of England. They did create a central government under the Articles of Confederation; but this government was only for purposes of common defense. It had no power to tax the people; it had no executive authority to compel them to do its bidding. The experience of the people under the Confederation taught them that there were common interests among the states that were not being protected, and conflicting interests that were rapidly leading to disunion and anarchy (page 94). They discovered the truth that no government is even worse than a despotic government. The constitutional A convention of leading men was therefore called in 1787 for the purpose of amending the weak points of the Articles of Confederation. These Articles provided that no amendment could be made without convention the unanimous consent of the states; and this could not be obtained from the jealous and quarreling states. In this extremity the wise leaders of the convention determined to frame an entirely new constitution, totally changing the form of government, and to submit it to the people for their acceptance or rejection. This they did; and after the greatest difficulty the new Constitution was ratified by a sufficient number of states to make it binding on them. It was in reality another revolution, though accomplished peacefully and in order. The first great problem that the convention had to solve was the creation of a government strong enough to protect the common interests of all the states, while not Distribution so powerful as to destroy their independence. of powers This problem was solved by the carefully adjusted distribution of powers referred to on page 163. First, there were certain powers granted exclusively to the federal government, such as to make war and peace, to make treaties and alliances, to send and receive ambassadors, to regulate foreign and interstate commerce, to coin money, and some others. Second, there were certain powers to be exercised concurrently by both state and national governments, such as the power of taxation and of borrowing money. Third, there were powers denied to the federal government (see Art. I, sec. 9; Amendments I-VIII). Fourth, there were powers denied to the states (Art. I, sec. 10). Fifth, all "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" (Amendment X). In the general plan of the national government the convention was influenced by the plan of the state governments. Provision was therefore made for a legislative, an executive, and a judicial branch, with the same separation of powers that is found in the states. The question at once arose as to the basis of representation in the Congress, which was to consist of two houses. Some of the delegates, representing the smaller states, tion in believed that all the states should have equal repRepresenta resentation, thus keeping prominent the idea that Congress the Union was a mere league of states. Delegates from the larger states, on the other hand, arguing that the states together constituted a single nation, believed that the several states should be represented in proportion to their population. The contest was settled by a compromise, according to which each state was to have two representatives in the Senate, and proportional representation in the House of Representatives. According to the apportionment following the census of 1900, there is one representative for every 194,182 people, making a total of 386 members in the House of Representatives. The Senate and the House of Representatives The members of the House of Representatives are elected by direct vote of the people, one from each of the congressional districts into which each state is divided. The number of congressional districts in each state is determined by the population of the state at the most recent census. The members of the Senate are considered as representing their states, rather than the people. It was provided that they should be elected by the state legislatures (Art. I, sec. 3). This method of election was also probably designed to secure an abler set of men than would be likely by popular election. A higher age qualification was fixed for membership in the Senate than in the House (Art. I, sec. 2, clause 2; sec. 3, clause 3). The term of office of senators is six years, while that of representatives is only two. The term of office of only one third of the senators expires at the same time, so that at least two-thirds of the Senate is always experienced, while the House may be almost entirely made over at any election. These and other causes have made the Senate a more dignified and conservative body than the House of Representatives. |