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
8. The constitution of New Hampshire provides that when the governor
cannot discharge the duties of his office, the president of the senate
shall assume them. During the severe sickness of a governor recently,
the president of the senate hesitated to act in his stead; it was not
clear that the situation was grave enough to warrant such a course.
Accordingly the attorney-general of the state brought an action against
the president of the senate for not doing his duty; the court considered
the situation, decided against the president of the senate, and ordered
him to become acting governor. Why was this suit necessary? Was it
conducted in a hostile spirit? Wherein did the decision help the state?
Wherein did it help the defendant? Wherein may it possibly prove helpful
in the future history of the state?
9. Mention particular things that the governor, the legislature, and the
judiciary of your state have done or may do. Then find the section or
clause or wording in your state constitution that gives authority for
each of these things. For example, read the particular part that
authorizes your legislature:--
a. To incorporate a city.
b. To compel children to attend school.
c. To buy uniforms for a regiment of soldiers.
d. To establish a death penalty.
e. To send a committee abroad to study a system of waterworks.
10. Trace the authority of a school-teacher, a policeman, a selectman, a
mayor, or of any public officer, back to some part of your constitution.
11. Mention any parts of your constitution that seem general and
somewhat indefinite, and that admit, therefore, of much freedom in
interpretation.
12. Show how the people are, in one aspect, subordinate to the
constitution; in another, superior to it.
BIBLIOGRAPHICAL NOTE.
Written Constitutions.--Very little has been written or published with
reference to the history of the development of the idea of a written
constitution. The student will find some suggestive hints in Hannis
Taylor's _Origin and Growth of the English Constitution_, vol. i,
Boston, 1889. See Henry Hitchcock's _American State Constitutions; a
Study of their Growth_, N.Y., 1887, a learned and valuable essay. See
also _J.H.U. Studies_, I., xi., Alexander Johnston, _The Genesis of a
New England State (Connecticut)_; III., ix.-x., Horace Davis, _American
Constitutions_; also Preston's _Documents Illustrative of American
History_, 1606-1863, N.Y., 1886; Stubbs, _Select Charters and other
Illustrations of English Constitutional History_, Oxford, 1870;
Gardiner's _Constitutional Documents of the Puritan Revolution_, Oxford,
1888.
CHAPTER VIII.
THE FEDERAL UNION.
Section 1. _Origin of the Federal Union._
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