Part 24 (1/2)

6. Early suggestions of written const.i.tutions in America:--

a. The compact on the Mayflower.

b. Wherein the compact fell short of a written const.i.tution.

c. The ”Fundamental Orders of Connecticut.”

7. The development of the colonial charter into a written const.i.tution:--

a. The limitation of the powers of colonial a.s.semblies.

b. The decision of questions relating to the transgression of a charter by a colonial legislature.

c. The colonial a.s.sembly as contrasted with the House of Commons.

d. The difference between the written const.i.tution and the charter for which it was subst.i.tuted.

e. The readiness of the people to adopt written const.i.tutions.

8. The extensive development of the written const.i.tution in some states:--

a. The simplicity of the earlier const.i.tutions.

b. Ill.u.s.trations of the legislative tendencies of later const.i.tutions.

c. The motive for such extension of a const.i.tution.

d. The difficulty of amending a const.i.tution.

e. The legislative method of amendment.

f. The convention method of amendment.

g. The presumed advantage of embodying laws in the const.i.tution.

h. A comparison with the Swiss Referendum.

i. Objections to the Swiss Referendum.

j. Other objections to the practice of putting laws into the const.i.tution.

SUGGESTIVE QUESTIONS AND DIRECTIONS.

1. Do you belong to any society that has a const.i.tution? Has the society rules apart from the const.i.tution? Which may be changed the more readily? Why not put all the rules into the const.i.tution?

2. Read the const.i.tution of your state in part or in full. Give some account of its princ.i.p.al divisions, of the topics it deals with, and its magnitude or fullness. Are there any amendments? If so, mention two or three, and give the reasons for their adoption. Is there any declaration of rights in it? If so, what are some of the rights declared, and whose are they said to be?

3. Where is the original of your state const.i.tution kept? What sort of looking doc.u.ment do you suppose it to be? Where would you look for a copy of it? If a question arises in any court about the interpretation of the const.i.tution, must the original be produced to settle the wording of the doc.u.ment?

4. Has any effort been made in your state to put into the const.i.tution matters that have previously been subjects of legislative action? If so, give an account of the effort, and the public att.i.tude towards it.

5. Which is preferable,--a const.i.tution that commands the approval of the people as a whole or that which has the support of a dominant political party only?

6. Suppose it is your personal conviction that a law is unconst.i.tutional, may you disregard it? What consequences might ensue from such disregard?

7. May people honestly and amicably differ about the interpretation of the const.i.tution or of a law, in a particular case? If important interests are dependent on the interpretation, how can the true one be found out? Does a lawyer's opinion settle the interpretation? What value has such an opinion? Where must people go for authoritative and final interpretations of the laws? Can they get such interpretations by simply asking for them?

8. The const.i.tution of New Hamps.h.i.+re provides that when the governor cannot discharge the duties of his office, the president of the senate shall a.s.sume 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?