The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“Under the American Constitution was realized the sublime conception
of a nation in which every citizen lives under two complete and
well-rounded systems of laws,—the state law and the federal law—each
with its legislature, its executive, and its judiciary moving one
within the other, noiselessly, and without friction. It was one of
the longest reaches of constructive statesmanship ever known in the
world. There never was anything quite like it before, and in Europe
it needs much explanation even for educated statesmen who have never
seen its workings. Yet to America it has become so much a matter of
course that they, too, sometimes need to be told how much it
signifies. _In 1787 it was the substitution of law for violence
between states that were partly sovereign. In some future still
grander convention we trust the same thing will be done between
states that have been wholly sovereign, whereby peace may gain and
violence be diminished over other lands than this which has set the
example._”—John Fiske, in 1888.
41 The English government forced laws upon the colonies to restrict
trade and manufactures, to place a standing army in America, and to
raise taxes. The tax laws were denounced as illegal by the
colonists, who argued that they were not represented in Parliament.
Read the charges made against the king and the government of England
in the Declaration of Independence.
42 Read the famous speech made by James Otis against the Stamp Act in
the Stamp Act Congress in New York, October, 1765. See _American
History Leaflets_.
43 The following were the fundamental defects of the Articles of
Confederation.
a. They did not provide for a central executive, and there was no
supreme executive to enforce the laws.
b. No provision was made for a central judiciary, and each State
interpreted the Federal laws as it saw fit.
c. They permitted concurrent legislation on vital subjects: i. e.
each State could legislate as it pleased on such subjects as tariff,
foreign treaties, currency, etc.
d. They permitted each State to regulate its own coinage and there
were at one time at least fourteen different kinds of coins in the
thirteen States. This greatly interfered with trade.
e. They gave Congress no power to enforce the observance of
treaties. Congress could pass laws but could not enforce them.
f. They gave Congress no power to coerce a State—it could only
recommend to the States.
g. They required a two-thirds vote on all questions in Congress, and
votes were cast by States. Most bills may pass the present Congress
by a majority vote.
Public-domain text, read in full here on John Shaqi.
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