Part 21 (1/2)

_Marine Corps._--Officers in the Marine Corps have the same ranks as in the army. While serving generally under the direction of the secretary of the navy, the corps may serve with the army by order of the President.

=Bankruptcy Legislation.=--The Const.i.tution confers upon Congress the power to pa.s.s uniform laws on the subject of bankruptcies throughout the United States. Bankruptcy is the condition of a person whose liabilities exceed his a.s.sets, and a bankruptcy law is one which provides for the distribution of the a.s.sets of such a person among his creditors and for his discharge from further legal obligation to pay his debts, thus enabling him to make a new beginning in business. The discharge is only from the _legal_ obligation; the _moral_ obligation remains, and should be fulfilled in case of ability to do so in the future.

_State Insolvency Laws._--Before the adoption of the Const.i.tution the states pa.s.sed insolvency laws discharging debtors from their legal obligations, and it has been held by the Supreme Court that they may still pa.s.s such laws, subject to the condition that they can affect only citizens of the state in which the law is pa.s.sed, and apply only to such contracts as may be entered into subsequent to the enactment of the law.

If there is a federal bankruptcy law in force it supersedes all conflicting provisions in the state laws on the subject.

_Federal Acts._--Since the Const.i.tution went into effect Congress has enacted four different bankruptcy laws, namely, in 1802, 1840, 1867, and 1898, the first three of which were in operation only fifteen years altogether. The present law--that of 1898--provides for both ”voluntary” and ”involuntary” bankruptcy. Any debtor, except a corporation, may voluntarily have himself adjudged a bankrupt by filing a pet.i.tion in a United States district court, showing that his liabilities are in excess of his a.s.sets. Any debtor except a corporation, a wage earner, or a farmer, may, against his will, upon pet.i.tion of his creditors, be declared a bankrupt under certain conditions.

Bankruptcy pet.i.tions are referred to ”referees” for examination and report. After hearing the testimony on the pet.i.tion the referee reports his findings to the court, which makes its decision largely on the basis of such findings.

=Implied Powers.=--After expressly enumerating in succession the various powers of Congress, the more important of which have been described above, the Const.i.tution concludes with a sort of general grant, empowering Congress to make all laws which shall be necessary and proper for carrying into execution those enumerated above. This is sometimes called ”the elastic clause,” since it is capable of being stretched by interpretation to cover many matters that Congress might not otherwise feel authorized to deal with. It is doubtful, however, whether it really adds anything to the power of Congress, since that body would unquestionably have authority to do whatever is necessary and proper to carry into effect the powers expressly conferred upon it. It is a maxim of const.i.tutional construction that wherever power to do a particular thing is conferred, the means for doing it are implied. Manifestly it would have been impossible to set forth in detail all the incidental powers necessary to be exercised in carrying into effect the mandates of the Const.i.tution relating to taxes, coinage, post offices, making war, etc.

_Liberal vs. Strict Construction._--The question of the interpretation of the scope and meaning of this grant of powers arose very early in the history of the national government, in connection with the proposition of Hamilton to establish a United States bank. Hamilton contended that the authority to establish such an inst.i.tution was clearly implied in the power to borrow money and pay the debts of the United States. A federal bank, he urged, was a proper if not a necessary means for carrying into effect these important powers of Congress, just as the establishment of a mint was necessary to carry out the power relating to the coinage of money. Jefferson and his school of political thinkers, however, held to a strict interpretation of the Const.i.tution and maintained that Congress had no right to exercise any power which was not expressly conferred. The view of the ”loose” or ”liberal”

constructionists, however, prevailed, and from the beginning Congress has relied upon the doctrine of implied powers for its authority to legislate on many important questions.

_Examples of Implied Powers._--It was upon this authority that foreign territory has been purchased and governed; that a protective tariff has been levied; that a national bank was established; that legal tender paper money has been issued; that the construction of the Panama Ca.n.a.l has been undertaken; that s.h.i.+p subsidies have been granted; that postal savings banks have been established; that education has been fostered; and many other activities undertaken. The policy of liberal interpretation was first adopted by Chief Justice Marshall of the Supreme Court and his a.s.sociates, and with rare exceptions has been followed by the court throughout its entire history. The effect has been to strengthen the national government and render it capable of fulfilling the great purposes for which it was created. The whole course of our political and const.i.tutional history is different from what it would have been had the view of the strict constructionists prevailed.

=References.=--ANDREWS, Manual of the Const.i.tution, pp. 120-148.

BEARD, American Government and Politics, ch. xix. COOLEY, Principles of Const.i.tutional Law, pp. 94-111. FAIRLIE, National Administration, chs. ix, x, xii. HART, Actual Government, ch. xxiv.

=Doc.u.mentary and Ill.u.s.trative Material.=--Copies of the annual reports of the Postmaster-General, the Librarian of Congress, the Commissioner of Patents, the Secretary of War, and the Secretary of the Navy, all of which may be obtained gratis from the officials mentioned.

RESEARCH QUESTIONS

1. Why should the postal service be conducted by the government? Should the transportation of the mail be a government monopoly?

2. Should the rates of postage on second-cla.s.s matter, in your opinion, be increased? Why?

3. What are the advantages of a postal savings bank system?

4. Ought the government to establish a parcels post system? To what extent do we already have a parcels post service?

5. Do you think our postal facilities with South America and the Orient should be improved by means of s.h.i.+p subsidies?

6. What would be the advantage of making the tenure of postmasters permanent?

7. Why should the granting of copyrights and patents be placed under the jurisdiction of the national government rather than under that of the state governments?

8. Why should the term of a copyright or patent be limited?

9. Socialists argue that since the granting of a patent to an inventor secures to him a monopoly of the manufacture and sale of his invention, the government ought not to grant patents for such purposes. What is your opinion of this argument? Would it be better for the government to compensate the inventor and remove the restrictions upon the manufacture and sale of his invention?

10. Why are the appropriations for the maintenance of the army limited to two years?

11. Should the expenditures on account of the army and navy, in your opinion, be reduced?

12. What do you understand by the movement among the nations for disarmament? Do you think disarmament desirable or practicable?