Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
7. The development of the colonial charter into a written constitution:--
a. The limitation of the powers of colonial assemblies.
b. The decision of questions relating to the transgression of a charter
by a colonial legislature.
c. The colonial assembly as contrasted with the House of
Commons.
d. The difference between the written constitution and the
charter for which it was substituted.
e. The readiness of the people to adopt written constitutions.
8. The extensive development of the written constitution in
some states:--
a. The simplicity of the earlier constitutions.
b. Illustrations of the legislative tendencies of later constitutions.
c. The motive for such extension of a constitution.
d. The difficulty of amending a constitution.
e. The legislative method of amendment.
f. The convention method of amendment.
g. The presumed advantage of embodying laws in the constitution.
h. A comparison with the Swiss Referendum.
i. Objections to the Swiss Referendum.
j. Other objections to the practice of putting laws into the
constitution.
SUGGESTIVE QUESTIONS AND DIRECTIONS.
1. Do you belong to any society that has a constitution? Has the society
rules apart from the constitution? Which may be changed the more
readily? Why not put all the rules into the constitution?
2. Read the constitution of your state in part or in full. Give some
account of its principal divisions, of the topics it deals with, and its
magnitude or fullness. Are there any amendments? If so, mention two or
three, and give the reasons for their adoption. Is there any declaration
of rights in it? If so, what are some of the rights declared, and whose
are they said to be?
3. Where is the original of your state constitution kept? What sort of
looking document do you suppose it to be? Where would you look for a
copy of it? If a question arises in any court about the interpretation
of the constitution, must the original be produced to settle the wording
of the document?
4. Has any effort been made in your state to put into the constitution
matters that have previously been subjects of legislative action? If so,
give an account of the effort, and the public attitude towards it.
5. Which is preferable,--a constitution that commands the approval of
the people as a whole or that which has the support of a dominant
political party only?
6. Suppose it is your personal conviction that a law is
unconstitutional, may you disregard it? What consequences might ensue
from such disregard?
7. May people honestly and amicably differ about the interpretation of
the constitution or of a law, in a particular case? If important
interests are dependent on the interpretation, how can the true one be
found out? Does a lawyer's opinion settle the interpretation? What value
has such an opinion? Where must people go for authoritative and final
interpretations of the laws? Can they get such interpretations by simply
asking for them?
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