Studies in Civics Part 34

[1] The power to _acquire_ territory is not expressly granted in the const.i.tution, but it is implied as an act of sovereignty. Territory was acquired by the general government before the const.i.tution by cession from states, and since the adoption of the const.i.tution it has been acquired by purchase, by discovery, by conquest, and by annexation.

The power to _dispose_ of territory is also an attribute of sovereignty, and would have belonged to the general government without this provision.

But this provision places the power in the hands of _congress_; otherwise land could be sold by the treaty-making power. Under this provision congress receded to Virginia that portion of the District of Columbia south of the Potomac.

The power to govern any territory which it possesses is also an attribute of sovereignty. This clause gives the power to congress; but any law for the regulation of territories needs the president's signature, the same as any other law.

[2] It will be remembered that North Carolina and Georgia had not at the time of the adoption of the const.i.tution relinquished their claims to certain territory lying outside of their state limits. This provision was made as a concession to them. But they afterwards, North Carolina in 1790 and Georgia in 1802, ceded the disputed territory to the United States.

SECTION IV.--GUARANTIES TO THE STATES.

_The United States shall guarantee to every state in this Union a republican form of government,[1] and shall protect each of them against invasion,[2] and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.[3]_

[1] That is, the United States will protect each state against one man or a few men who may try to usurp the functions of the state government. By inference, the United States could insist upon a republican form of government even if the people of the state desired some other. Happily, no necessity for the exercise of this power has yet arisen.

[2] This would have been the duty of the general government, even if this provision had not been made. To defend the country against invasion is one of the princ.i.p.al duties of government. The government was organized "to provide for the common defense."

[3] To "insure domestic tranquillity" was another reason given for the establishment of the const.i.tution. But lest the general government should make every little disturbance a pretext for interfering with the local affairs of a state, it was provided that no interference should occur until asked for by state authority.

_Pertinent Questions_.

If a judgment is secured against a resident of New York and he moves to Minnesota without paying it, could he be held responsible in Minnesota without another suit? Is a marriage ceremony performed in Illinois binding in Kansas?

Define citizen. Can a person be a citizen of the United States without being a citizen of any state? Could he be a citizen of a state and not be a citizen of the United States? A certain southern state imposed a tax upon commercial travelers not residents of that state; was the act const.i.tutional? What is the Civil Rights bill, and why was it pa.s.sed? Can a citizen of any state claim in another state any privileges peculiar to the state from which he removed?

How is a "fugitive from justice" secured when he has escaped into another state? Is a governor obliged to surrender an escaped criminal upon demand of the authorities of the state from which he escaped? How is a criminal secured if he escapes into another country? Name countries with which we have _extradition_ treaties. Have we any with Canada?

What were the provisions of the fugitive slave law?

Did the articles of confederation provide for the admission of new states into the union? Name the first state admitted into the Union. The last.

What territories are now seeking admission into the sisterhood of states?

How does a territory become a state? What advantages are gained by becoming a state? Is congress bound to admit new states? Can congress compel a territory to become a state? Can it compel a state to remain a state? Is there such a thing in our system as _a state out of the Union?_

What does a citizen of the United States lose by moving into a territory?

Does the const.i.tution define a _republican_ government? Is any particular department charged with the duty of guaranteeing to each state a republican form of government?

When did the United States protect a state against invasion? Against domestic violence? Have any states been admitted into the Union more than once?

CHAPTER XXVI.

ARTICLE V.--AMENDMENTS TO THE CONSt.i.tUTION.

_The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this const.i.tution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as a part of this const.i.tution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress;[1] provided, that no amendment, which may be made prior to the year one thousand eight hundred and eight, shall, in any manner, affect the first and fourth clauses in the ninth section of the first article;[2] and that no state, without its consent, shall be deprived of its equal suffrage in the senate.[3]_

[1] No one realized more fully than the framers of the const.i.tution that, with the best thought which they could give to it, the const.i.tution might need amending, and therefore they provided ways for proposing and ratifying amendments.

It is purposely made difficult to amend the const.i.tution because the fundamental law should not be changed except for weighty reasons. If these exist, the amendments may be made; the difficulty is not so great as to be insurmountable.

[2] By reading the clauses referred to, the student will readily see whom this was a concession to.

[3] This was to protect the small states, in whose interest the senate was organized.

The first ten amendments were proposed by congress at its first session in 1789, and they were ratified in 1791.

Two other amendments were proposed at the same time, but they were not ratified. One of them was to regulate the number of representatives; the other, to prevent congressmen from increasing their own salaries.

The eleventh amendment was proposed in 1796, and ratified in 1798.

The twelfth amendment, a consequence of the disputed election of 1801, was proposed in 1803, and ratified in 1804.

An amendment prohibiting citizens of the United States from accepting any t.i.tles, pensions, presents, or other emoluments from any foreign power, on pain of loss of citizens.h.i.+p, was proposed in 1811, but it was not ratified.

An amendment making slavery perpetual was proposed in 1861, in the hope that this might avert the war, but it was not ratified.

The thirteenth and fourteenth amendments were proposed in 1865 and 1868 respectively, and they were ratified the same years.

The fifteenth amendment was proposed in 1869, and ratified in 1870.

The propositions of amendments have thus far been made by congress, and all ratifications have been made by the state legislatures.

_Pertinent Questions._

State four ways in which the const.i.tution may be amended. What _temporary_ limitation was placed upon the power to amend the const.i.tution? What _permanent_ prohibition? How is the English const.i.tution amended? In what case _must_ congress call a convention to propose amendments? Must the convention thus called propose any amendments? Which is the better of the two ways of proposing amendments? When an amendment is proposed by two-thirds of both houses of congress, is it necessary to secure the approval of the president? Can a state withdraw its ratification of an amendment? When is an amendment, once proposed, dead? Did it take three-fourths of _all_ the states or only three-fourths of the loyal states to ratify the thirteenth amendment? How many of the disloyal states finally ratified it? How is the ratification and consequent validity of any proposed amendment made known?

CHAPTER XXVII.

ARTICLE VI.--MISCELLANEOUS.

_Clause 1.--Prior Debts and Engagements._

_All debts contracted and engagements entered into before the adoption of this const.i.tution, shall be as valid against the United States under this const.i.tution as under the confederation._

The debts were incurred and the engagements were entered into by the United States, and changing the _form of government_ would not release the country from its obligations. The insertion of this provision however, served as an explicit statement of the purpose of the government to live up to its engagements.

_Clause 2.--National Supremacy._

_This const.i.tution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the const.i.tution or laws of any state to the contrary notwithstanding._