AS YOU READ

1. Look for the different ways of voting. 2. Look for some examples of delegated authority.

GIVING GOVERNMENT THE POWER TO WORK

As was the case with the Pilgrims, the laws in early America were made by all the men who were to obey the laws. As the number of people increased, it became impossible for all persons concerned with government to meet to make laws. Thus, when the colony in Virginia had grown to 11 boroughs, men had to be chosen by their neighbors to represent them in the House of Burgesses. Each man chosen was called a representative. When the population of the colony increased, each man in the House simply represented more colonists.

Choosing a representative is done by voting. When there are few voters, voting may be done by a show of hands. When the number of people voting is so large that all of them cannot meet in one room, written votes are usually cast at public places, called polls. The form on which the vote is recorded is called a ballot. Most voting in the United States is done by ballot. However, where the number of voters is very large, a voting machine may be used for recording votes.

Suppose that, in a recent election for Senator, people had a choice of voting for Tom Wells or Burt Hay. When the votes were counted, Wells had received 8,000 votes and Hay had received 10,000. This, of course, would indicate that the people had elected Burt Hay as Senator.

Until the next election for Senator, Mr. Hay's decisions as Senator will be the decisions of all the people he represents. When Mr. Hay's six-year term in the Senate is over, the people will probably re-elect him if they think he has done what they wanted done. If Mr. Hay has not carried out the wishes of the voters, they can, and probably will, elect a new Senator.

Final Authority

In a democracy, such as our republic, final authority in government rests with the people.

Because the people have the power to choose their representatives, they will always have the final power in governing themselves.

Delegated Authority

Often the word "authority" is used to mean power. Authority in government, under our democracy, means the power to act for the people. Such authority was given at Jamestown in 1619 when the voters gave their delegates power to act for them. This is called delegated authority.

A good example of delegated authority is that received by the mayor of a city. Among his duties is the protection of people and their property, and authority is given to him by the people to do whatever must be done to perform that duty. The mayor, in turn, delegates his authority to a chief of police who then has power

to take action to assure that the police force does its work well and protects the people and their property. Should the police force not do its work properly, the mayor will call upon the police chief to explain why something was done, or was not done. Should the matter be serious enough, the mayor may even delegate his authority to a new chief of police. The mayor can delegate his authority, but not his responsibility. He will always be basically responsible for the efficiency of the police force in protecting the people and their property. If he has not properly used the authority delegated to him, the people will delegate their authority to a new mayor at the next election. Authority delegated by the people can always be taken away by the people.

The men who drew up the Constitution of the United States did not have the power to tell the people to accept the Constitution. Therefore, it was presented to the people in each state so that they might vote for or against its approval. In turn, the people selected representatives to meet in state conventions for the purpose of deciding by vote whether or not the new plan of government should be accepted. The final power to accept the Constitution thus remained with the people of the United States.

Voting by Paper Ballot

Voting by Machine

Delegated Authority in Federal

Government

The Federal government is another name for the government of the nation. The Federal government receives its basic power to govern from authority delegated to it in the Constitution and its amendments. When Congress, the President, or a Federal court takes action each must do so under and within the limits of delegated authority.

However, as stated earlier, authority delegated by the people can also be taken away by the people. The 18th Amendment to our Constitution prohibited the manufacture of, and trade in, intoxicating liquors and delegated authority to the Congress and the states to pass laws enforcing the amendment. This delegated authority was taken away from the Congress by the 21st Amendment, which repealed the 18th Amendment.

We have seen that the people of all the states, through the Federal Constitution, delegated to a Federal government the powers needed to govern the nation. Powers of government not delegated in this manner remained with the people of the several states.

The people of each state adopted a constitution which provides a general plan of government for the state. The constitution of each state declares

that the final authority in state government belongs to the people of that state. However, the state government, through the people, has only those powers not delegated to the Federal government.

Each state constitution makes provision for the same three branches of government as those of the Federal government. The people have delegated to an executive branch the authority to enforce. the state laws. To a legislative branch has been delegated the authority to make state laws. To the state courts the people have delegated the authority to decide questions about the state law.

Just as the Federal Constitution provides a method by which it may be amended, each state constitution also indicates how it may be changed. For example, an important change in a state constitution took place in Nebraska. The constitution of this state had at one time divided the lawmaking branch into two legislative houses. Later, the people of Nebraska decided that one house would be better. They amended the state constitution to provide that the lawmaking branch should consist of only one legislative body. The constitution of every state can be amended to bring about changes in the state government in accordance with the wishes of the people.

Delegated Authority in Cities and
Towns

The government of a state has the authority to govern its people, but only because they have

CAN YOU DO THIS?

delegated that power to it in a state constitution. The state government cannot govern the people properly unless a plan of government is provided for smaller communities within the state, such as cities and towns. The state government grants charters to the cities and towns for that purpose. In these charters the state government delegates to the communities a part of the authority to govern which it received from the people. Under such a charter, a community has the power to make local laws. Since the community's authority to make local laws is delegated by the state government, it cannot be greater than the authority of the state government. Consequently, the local laws passed by a community must agree with the constitution and laws of the state. Furthermore, since the state government received its power to govern from the people, it can be seen that the final authority in city and town governments also belongs to the people.

Government Power Is Delegated
Authority

All government in the United States-Federal, state, and local-is government of the people, not one class or one group of people but all of the people; by the people, because the people elect the officers who carry on the work of the government; for the people, because the government is planned for the good of all the people.

mayor

prohibit

provide basically

2. The Federal government may

3. The mayor is

4. State constitutions also

5. Authority

The Constitution grows in different ways. One way it grows is through decisions of the Federal courts. The decisions explain provisions that are not entirely clear and give to them their full meaning.

The Constitution also grows by amendment. The first big growth took place with the addition of the first ten amendments. Each one of these amendments protects one or more of the rights of the people and they are, therefore, called the Bill of Rights. You will read about the Bill of Rights in this chapter.

DISCUSS:

How does the Constitution grow?

MEETING NEW WORDS:

accused: Charged a person with wrongdoing; also, the person so charged

administered: Directed the taking of (the oath of office); carried out

civil case: A law suit, not involving a crime, brought by or against a person, state, or nation (see criminal case) (explained in detail in chapter 13)

contained: Included; was a part of

crime: An act which is against the law; an unlawful act

criminal case: A law suit brought by the state or nation against a person accused of having committed a crime (see civil case) (explained in detail in chapter 13)

electors: Persons chosen by the voters for the purpose of electing the President and Vice President

excessive: Too large; beyond any degree or limit;

extreme

guarantees: Promises; assurances given that something would be done

inauguration: Ceremony when President is sworn into office

included: Was among; formed a part of something

involves: Has to do with; concerns; includes jury: A group of citizens who are chosen to listen to trials in a court and decide which side is right legislature: Lawmaking body

quartering: Assignment of housing, as for soldiers

reserved: Saved, especially for a purpose

testify: Make a statement under oath in order to prove that something is true

trial: Hearing in a court of justice; judicial hearing

warrant: A legal document giving authority to do something