§2. The word _constitute_ is from the Latin, and signifies _to set_, to fix, to establish. _Constitution_, when used in a political sense, means the established form of government of a state. In a free government, like ours, it is properly called the _political law_, being established by the people as a body politic, or political body. (Chap. III, §5.) It is also called the _fundamental law_, because it is the _foundation_ of all other laws of the state, which are enacted by the legislature for regulating intercourse between the citizens, and are called the _municipal_ or _civil_ law, and must conform to the fundamental, or political law. §3. A constitution is in the nature of an agreement between a whole community or body politic and each of its members. This agreement or contract implies, that each one binds himself to the whole, and the whole bind themselves to each one, that all shall be governed by certain laws and regulations for the common good. §4. The nature of a constitution will further appear from the manner in which it is made. It is evident that a people, in establishing a constitution, must have some right or authority to act in the business. Whence this right is derived, we will not now stop to inquire. There is, however, somewhere power to enact a law authorizing the people to make a constitution and prescribing the manner in which it is to be made. §5. In forming a constitution, the people must act collectively. But their number is too large to meet in a single assembly. Therefore they choose a small number to act for them. One or more are chosen in each county, or smaller district, and are called delegates. A _delegate_ is a person appointed by another with power to transact business as his representative. The assembly composed of the delegates so elected, is called _convention_; a name given to most public meetings other than legislative assemblies. Delegate and representative are words of nearly the same meaning. The latter, however, usually designates a person chosen to assist in making the laws of the state. §6. The rules agreed upon by the convention as a basis of government, are arranged in proper form. The several portions relating to the different subjects are called articles, and numbered; and the articles are divided into sections, which also are numbered. But what has been thus prepared by the convention is not yet a constitution. It is only a draft of one, and can not become a constitution without the consent of the people to be given at an election. If a majority of the persons voting at such election vote in favor of the proposed constitution, it is adopted, and becomes the constitution of the state.