Government and Administration of the United States by Westel W. Willoughby and William F. Willoughby

W >> Westel W. Willoughby and William F. Willoughby >> Government and Administration of the United States

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11

Almost immediately after the adoption of the Constitution began
struggles and disputes between the States and the Federal Government. In
this contest the Supreme Court steadily upheld the central power, and
did much by its decisions to enforce and establish the power of the
Constitution. Especially was the court powerful during the years 1801 to
1835, when Marshall was chief justice, to whose wisdom and prudence it
is difficult to ascribe too much influence in fixing the present
stability of our government.

The Supreme Court has been an invariable supporter of the Federal
Constitution. During the early years of our government it was our
firmest barrier against the efforts of the States to lessen the federal
power. It has always maintained the balance of power between the States
and the Union.

The annual term of the Supreme Court begins the second Monday of October
and lasts until about May. Daily sessions, with the exceptions of
Saturdays and Sundays, are held, beginning at 12 o'clock, in the Capitol
building at Washington. The present justices are Fuller, chief justice,
and Lamar, Bradley, Field, Harlan, Gray, Blatchford and Brewer,
associate justices. Every Saturday morning the justices meet in
consultation and decide cases argued during the week. The decisions are
announced on Monday mornings. The justices are appointed by the
President, hold office for life, and are removable only by impeachment.

The following are a few cases decided by the Supreme Court with which it
is important that we should be acquainted owing to the influence which
their decision has had upon our history:

1. In 1793 the case of _Chisolm_ vs. _Georgia_ came before this court.
Chisolm, a citizen of North Carolina, sued the State of Georgia for a
sum of money, and under the second section of Article III of the
Constitution, which says that the judicial power of the United States
shall extend to disputes between a State and citizens of another State,
the court gave judgment in his favor. This decision that a State
government could be sued against its will created so much
dissatisfaction that the Eleventh Amendment was adopted, which says,
"the judicial power of the United States shall not be construed to
extend to any suit in law or equity commenced or prosecuted against one
of the United States by citizens of another State, or by citizens or
subjects of any foreign State." The effect of this amendment has been to
enable a State to repudiate its just debts.

2. In 1819 was decided the very important case of _McCulloch_ vs.
_Maryland_. The United States had established a national bank, which was
objectionable to many of the States. Maryland attempted to destroy the
bank by levying a very high tax upon a branch bank within the State. The
question as to her right to do this was brought before the Supreme
Court. To have allowed Maryland this right would have been to give to a
State Government the power to oppose and render useless an institution
created by the Federal Government. The court sustained the Federal
power, and it was declared unconstitutional for any State to pass laws
opposing the operation of any Federal statute.

3. In the case of _Dartmouth College_ vs. _New Hampshire_ was declared
the unconstitutionally of a state law which impaired the obligation of
contracts.

4. A very important case decided by Chief Justice Taney was that of
_Dred Scott_ vs. _Sandford_ in 1857. Dred Scott, a negro slave in
Missouri, had been carried into the Territory of Minnesota, where, by
the Missouri Compromise of 1820, slavery did not exist. Upon being
carried back into Missouri by his master, Scott claimed his freedom upon
the ground that he had been voluntarily carried into a Territory where
slavery was not allowed. The Supreme Court in its decision declared that
Congress had never had the power to pass any law which would forbid
slave-owners settling in Territories and still retaining control of
their slaves. The whole country was at this time in great excitement in
regard to the question whether or not, in the organization of the
Territories of Kansas and Nebraska into States, slavery should be
prohibited, and this decision, whereby the Missouri Compromise Act was
practically annulled, and which pointed directly forward to an
establishment of slavery in the new Territories, raised public
excitement to a fever heat. It was in this decision that the statement
was made that at the time of the formation of the Constitution the
general opinion had been that the colored man had no rights which the
white man was bound to respect. As a direct result of this case a more
determined stand was taken at the North against slavery; the
Anti-Slavery Republican party was strengthened, and their candidate for
President, Abraham Lincoln, elected in 1861, and the catastrophe of
civil war precipitated.

5. The Legal-Tender decisions, given in several cases soon after the
civil war, are important. During the progress of the war the Government,
in order to raise funds to meet its extraordinary expenses, had been
forced to issue slips of paper which represented no deposits of coin in
the Treasury, but only promises to pay certain sums by the Government.
These were declared legal tender, that is, made by law as good as gold
and silver, and the people were forced to receive them in payment of
debts and for commodities. It was questioned whether the Government had
by the Constitution power to do this. The legal-tender decisions
declared that it had. Judicial System and Jurisdiction of the United
States Courts.

_#District Courts.#_--The United States is divided into judicial
districts. Many single States form a judicial district, while others are
divided into two and others into three districts. The number of
districts has varied. At present there are about sixty. To each of these
districts is given a court and a district judge. These form the lowest
grade of Federal courts.

_#Circuit Courts.#_--These judicial districts are grouped into nine
circuits. For example, the Fourth circuit includes the districts of
Maryland, Virginia, West Virginia, North Carolina, and South Carolina.
For each circuit is appointed one circuit judge. One of the justices of
the Supreme Court is also allotted to each of the circuits, who, after
the expiration of the Supreme Court term, visits his circuit, and tries
the more important cases which may arise in that circuit. The Circuit
Court may be held by the circuit judge, the Supreme Court justice, or
the district judge of that district in which the court is sitting, or by
any two of them, or all of them, sitting together. The Circuit Courts
form the next series of the Federal courts higher than the District
Courts.

_#Jurisdiction.#_--The relation between the Supreme, Circuit and
District courts is easy to explain. Their jurisdiction is upon federal
questions; that is, over those cases mentioned in the Constitution over
which judicial power has been granted to the United States, viz.,
questions arising under the Constitution, federal laws, or treaties,
between citizens of different States, between citizens and foreigners,
between States themselves, etc., and all crimes punishable under the
United States laws.

The Circuit Court is higher than the District Court, and to it cases
involving $500 and over may be appealed from the District courts. The
Supreme Court is the court of last resort, and to it all appeals from
the Circuit Courts come, with the limitation that $5,000 be involved.
The cases decided by the Supreme Court are then of two classes: (1)
those over which it has original jurisdiction, (see Constitution); i.e.,
those cases which originate or begin in that court; and (2) those cases
over which it has appellate jurisdiction, i.e., those cases which come
thither by appeal from the lower Circuit Courts, and which form the
larger part of its work, and also by appeal from the highest State
courts in cases involving certain Federal questions. The District of
Columbia being directly governed by the United States, its courts are
Federal courts, and hence, cases may be appealed from such courts to the
Supreme Court; likewise for the same reason appeals may be had to the
Supreme Court from the territorial courts.

We must remember that these courts deal only with Federal questions
arising under United States laws, and, that besides these courts, all of
the States have their own judicial systems of courts to interpret state
laws and to try the great majority of cases. These courts are entirely
separate from the United States courts, and with different judges,
though cases may begin in them and be transferred to the United States
Courts, if the interpretation of a Federal law is brought into question.

There are four grades of law in the United States. First and highest is
the United States Constitution; second, United States laws, or statutes
as they are called, passed by Congress; third, State constitutions; and
fourth, State laws, passed by the State legislatures. In case of
conflict of laws the lower must yield to the higher.

For the purpose of settling claims of private persons against the United
States, there has been established at Washington a Court of Claims, held
by five judges. From it appeals lie, in some cases, to the Supreme
Court, and, in others, they are referred to Congress for action.

CHAPTER XII.

The Ordinance for the Government of the Northwest Territory.

When the colonies joined in union under the Articles of Confederation,
in 1781, they ceded to the General government their claims to unoccupied
western territory. The largest land grant was that by the State of
Virginia, which occupied that part of the United States lying north of
the Ohio River and east of the Mississippi River.

The problem of management of public lands was thus early presented to
our Federal Government for solution. The manner in which Congress dealt
with this question has proven eminently wise and successful, and has
been largely influential in making the United States the nation that it
is to-day. The feature that has characterized the plan followed from the
beginning, and which still obtains, is the formation of States from such
territory as soon as there is sufficient population. Such States have
similar forms and powers of government as the original States, are on an
equal footing with them, and are bound by the Constitution of the United
States. Congress has absolute control of the Territories. (For
Territorial government see Article on Territories.)

The ordinance which the Continental Congress adopted in 1787 for the
government of the Northwest Territory is of great importance: it
provides for the establishment of our territorial system; it contains
many of those features of management which have been used from that date
until now; and it is also of interest because of the influence it has
had upon the history of slavery in our country.

This ordinance provided that the whole of this territory should form one
district. At first Congress appointed the governor, secretary, judges,
and military generals. The governor was to make the laws, subject to the
approval of Congress. When the population reached five thousand the
inhabitants were to have a legislature of their own, and to have a
delegate who should sit in Congress, but have no vote. There was a bill
of rights. Public education was encouraged. Not less than three nor more
than five States were to be formed from it. Ohio, Indiana, Illinois,
Michigan, and Wisconsin have been the five States formed from this
territory. The transformation of the territory into States was promised
as soon as the population should reach sixty thousand.

Slavery was forever prohibited in all this territory. We shall see the
tremendous importance of this clause, which guaranteed to this large
tract freedom from the curse of slavery, when we come to consider the
struggles which were made for many years to keep slavery from the
territories.

CHAPTER XIII.

Government of the Territories.

There are at present four areas, situated outside of the States, and
organized under territorial governments. These are Utah, Arizona, New
Mexico and Oklahoma. Besides these there are the two unorganized
territories, Indian Territory, and Alaska, and the District of Columbia,
which last tract contains sixty-four square miles.

_#Government of Territories.#_--The fundamental law of a Territory is
the Federal Constitution, just as in a State. Unlike the State, however,
it has no constitution of its own, but is regulated entirely by
Congress. In Section 3, Article IV, of the Constitution, it is declared
that "Congress shall have power to dispose of and make all needful
regulations respecting the territory or other property belonging to the
United States." In pursuance of this clause Congress has in the four
organized Territories instituted governments as follows: The executive
of the Territory is a Governor appointed by the President for a four
years' term. There is also a secretary and treasurer. The legislature
consists of two houses, a council of 12, and a House of Representatives
of 24. These are elected by the people of the Territories, and have a
term of two years. The Legislature meets every other year. All its acts
require approval by Congress before becoming law.

The judiciary consists of three or more judges appointed by the
President, together with a district attorney and United States marshal.

Territories send neither Senators nor Representatives to Congress, but
have one delegate apiece in the United States House of Representatives,
who may speak, but not vote.

_#Admission of a Territory as a State.#_--A Territory is an embryo
State. As soon as a Territory becomes sufficiently populated it applies
for admission into the Union as a State, and such admission is
accomplished in the following manner. When an application by a Territory
for Statehood is made, it is considered by Congress, and, if approved,
the inhabitants of the Territory are authorized to form for themselves
out of such Territory a State government, and thus prepare themselves
for admission into the Union.

A State government is formed as follows: The Governor of the Territory
issues a proclamation declaring that on a certain date there shall be an
election of delegates to a convention; such convention is to be held on
a certain date. These delegates are elected by a popular vote. The
members of the convention thus formed declare that they, on behalf of
the people of the Territory, adopt the Constitution of the United
States, and then proceed to draft a State constitution and government.
It is provided that this constitution shall be Republican in form, and
make no distinction in civil and political rights on account of race or
color, except for Indians not taxed: that it shall not be repugnant to
the Constitution of the United States and the principles of the
Declaration of Independence. Perfect religious toleration must be
guaranteed, all right or title to the unappropriated public lands lying
within the Territory must be disclaimed and given over to the United
States. Provision must be made by the constitution for the establishment
and maintenance of the system of public schools.

After adoption by the convention the constitution is offered to the
people for ratification. If it is ratified, the Governor certifies the
fact to the President of the United States. Provided the constitution is
found to comply with all the conditions just mentioned, the President
issues his proclamation declaring the ratification of the constitution,
and upon the same day that the proclamation is issued the territory is
deemed admitted by Congress into the Union as a State, on an equal
footing with the original States, and entitled to representation in both
houses of the Federal Congress. The representatives and the Governor and
other State officers are elected on the same day as that upon which the
constitution is ratified by the people.

CHAPTER XIV.

State Governments.

The United States is a nation of forty-four federated States. Each State
has its own separate government, which is sovereign, except as to a few
powers which have been granted to the United States government for
general purposes. Citizens of States are also citizens of the United
States, and thus owe a double allegiance, namely, to the State in which
they reside and to the United States.

These States vary in size from that of Texas, the largest, with an area
of 265,780 square miles, to that of Rhode Island, the smallest, with
1,250; and in population from that of New York, with nearly six
millions, to that of Nevada, with about forty-five thousand. The largest
State is greater than either France or the German Empire.

State governments are older than the Federal government, for it was by a
grant by the States of certain of their powers that the United States
government was created. Each State is represented in Congress by two
members in the Senate. Members of the lower branch of the Federal
legislature are apportioned among the States according to population. As
in the case of the United States, the powers of government are divided
among three departments--the executive, legislative, and judicial.

In the United States Constitution it is expressly declared that "the
powers not granted to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively,
or to the people." It would require considerable space to enumerate the
duties of State governments. With the exception of the few acts which
the constitution forbids them to perform, most of which they would not
care to perform if allowed, and the few general powers coming within the
province of the Federal Government, the States can do whatever their
legislatures sanction. They can go to the extremes of State socialism.
All States have a complete judicial system. They regulate all legal
relations of their citizens, the laws of husband and wife, principal and
agent, and of contract. They provide for the detection and punishment of
crime. They control and mainly support the militia of the county.
Railroad, banking, insurance, and other corporations, are chartered and
controlled by them. The construction and maintenance of roads, the care
of the public health, the inspection of factories, the determination of
the right of suffrage, and the control of its own elections are among
the exclusive powers of State governments. Our extensive system of
public schools are under the dual management of the State and local
governments, and under the superintendence of State officers. The State
takes care of the defective classes, of the insane, paupers, etc.; and,
in general, performs all those ordinary duties concerning internal
affairs which are exercised by central governments.

Each State government has--

1. A Constitution.

2. A Legislature of two Houses.

3. An executive, composed of a Governor, Lieutenant-Governor (in
almost all cases), Secretary of State, Auditor, and a few other
officers.

4. A system of local government in counties, towns, cities, etc.

5. A body of State laws.

6. A judicial system of courts, from which no appeal can be had to
United States courts, except upon Federal questions.

7. A system of local taxation.

Each State government has all the rights usually pertaining to a
sovereign State, except--Those powers which the Federal
Constitution expressly forbids to the States.

3. Those powers which have in the Constitution been exclusively
given to the United States.

All States have public debts, which they may, and sometimes do,
repudiate. They can be sued only by other States. The Eleventh Amendment
declared that a citizen could not maintain a suit against a State. State
laws are binding only within the boundaries of the State enacting them.

_#State Constitutions.#_--As the Federal Constitution is the supreme law
of the United States, so the State constitution is the highest law of
the States. The Constitutions of the original thirteen States were
naturally formed after the model of the charters enjoyed by the New
England colonies. In the colonies of Rhode Island, Connecticut, and
Massachusetts their charters were adopted as constitutions without any
change, except, of course, the annulment of obedience to the English
king. All subsequent constitutions have been closely modeled after these
first thirteen. The Federal Constitution provides that all State
constitutions must be Republican in form. (For other conditions of
admission of territories as States, see subject "Territories.") The
modes of amendment of constitutions differ in different States, but in
all, amendment is much easier of accomplishment than in the case of the
Federal Constitution. This is shown by the fact that since 1776 there
have been adopted by the States one hundred and five complete
constitutions, and two hundred and fourteen partial amendments; while,
since the passage of the first ten Federal amendments in 1789, there
have been but five additional amendments. Some States provide that the
constitution shall be submitted to the people for amendment at the end
of certain intervals of time. In the larger number of cases a majority
of the popular vote is required for ratification of a constitutional
amendment. State constitutions show a tendency to become longer, and to
regulate a constantly increasing number of subjects.

A normal State constitution has the following provisions:

1. A definition of the State boundaries.

2. A bill of rights (guaranteeing private rights, such as freedom of
the press and speech, trial by jury in criminal cases, right to
assemble and petition, etc.).

3. A frame of government, an enumeration of officers and powers of
legislature, executive, courts of justice, etc.

4. Miscellaneous provisions, relating to administration of schools,
militia, taxation, debts, local government, corporations,
amendments, etc.

_#State Legislatures.#_--The legislature in all States consists of two
Houses, of which the upper and smaller branch is called the Senate, and
the lower and more numerous branch usually the House of Representatives,
though in six States it is termed the Assembly, and in three the House
of Delegates. The members of both houses are elected by popular vote,
but Senators usually for a longer time, and frequently higher
qualifications for them are required. States are divided into districts
for election purposes, and, though members of the legislature may offer
themselves for election from any district, it has become the invariable
custom for them to be elected only from the districts in which they
reside. Universal manhood suffrage, that is, the right of all male
citizens over 21 years of age to vote, is the rule, though in eight
States paupers have no vote, and in a few, a certain amount of education
is required (generally enough to read the State constitution). The
number of members in the State legislatures varies greatly. In the
Senate, Delaware has the smallest number (9), and Illinois the largest
(51). In the lower House, Delaware has likewise the smallest number
(21), while New Hampshire has the greatest (321).

The Lieutenant-Governor of the State is _ex officio_ President of the
Senate. In all States, except six, sessions of the legislature are held
only once every other year, and even then the length of the session is
limited to a fixed number of days. As in Congress, business is conducted
by means of committees, but are in both Houses elected by ballot. The
State legislatures have full charge and control of all local
governments within their individual States. The Senate has the power of
trying impeachments of State officials. It also ratifies appointments of
the Governor. In all States, except four, acts of the legislature
require the signature of the Governor before they become laws. To pass a
bill over a veto requires in twenty-three States a two-thirds vote in
both Houses; in two, a three-fifths vote, and in nine, a majority vote
of the total number of members. A State legislature can enact no law
which will be effective beyond its own boundaries.

_#State Executive.#_--The chief executive of the State is the Governor.
Other chief officials are the Lieutenant-Governor, Treasurer, Attorney
General, Secretary of State, Auditor, and Superintendent of Public
Instruction. The term of office of the Governor varies in different
States from one to four years. He has but small powers of appointment,
most of the State officials being elected by the people. In all but four
States he has a veto on legislation. He has the power of pardoning. The
Lieutenant-Governor is President of the Senate.

_#State Judiciary.#_--The State judiciary includes three sets of courts:

1. A Supreme Court of Appeals, the highest court, from which cases
involving Federal questions may be appealed to the Supreme Court of
the United States.

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11