Constitutional Convention. Acting upon this resolution, delegates from each of the states, except New Hampshire and Rhode Island, assembled in Philadelphia in May, 1787. In this assembly appeared some of the wisest and most experienced men of the land. Among the leaders may be named Madison, Randolph, Rutledge, Pinckney, Franklin, Livingston, and Hamilton. Washington was chosen president of the conven tion. They had met only for the purpose of revising the Articles of Confederation; yet their first act, after organization, was to resolve: "That a national government ought to be established, consisting of a supreme legislative, executive and judiciary." From the outset the convention recognized that in this instance it would be “easier to make than to mend.”

After four months of arduous labor the convention reported as the result of its deliberations the Federal Constitution. The Constitution was to be submitted to the people of the several states for their ratification or rejection. There was to be in each state a convention, summoned specially to consider the Constitution; the state legislatures were not to have any voice whatever in the matter. The Constitution itself provided that its ratification by the conventions of nine states should be deemed sufficient for its establishment among those states.

Ratification. The ten months immediately succeeding the adjournment of the constitutional convention. constituted one of the most critical periods of our national history. The Constitution was violently attacked in every part of the country. The old feeling of jealousy revived. Many declared that the new government would absorb the powers of the individual

states. Some said that the President would be a despot; others that King George was better than King Cong. (King Congress.) Still others feared that the courts would become all powerful. The one serious objection to the Constitution was that it contained no bill of rights guaranteeing personal and religious liberty. This defect, however, was soon remedied. Finally, the requisite number of states having ratified the Constitution, a general election was ordered and on April 30, 1789, the Federal Constitution became "the supreme law of the land."

CHAPTER V.

ANALYSIS OF THE CONSTITUTION.

Preamble. "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.'

The above, which is both a preamble and the enacting clause, sets forth compactly, yet fully, the functions and purposes of government. Here are enumerated the six chief ends of civil government. How are these

ends to be secured?

Threefold Division. You will recall that the first resolution adopted by the convention of 1787 declared: "That a national government ought to be established consisting of a supreme legislative, executive, and

judiciary. Why this threefold division? Is the division artificial and arbitrary, or is it natural and necessary? A clear understanding of these questions is essential before we can profitably proceed to study the Constitution in detail.

Experience has taught that whenever one man or one body of men has been intrusted with the power to make laws, to hear and determine complaints of their violation, to attend to their execution and enforcement, the laws have been harsh, ill-timed, and arbitrary, and their interpretation and execution have been ofttimes dictated by passion and caprice. Thus we see that human fallibility renders necessary this threefold division of governmental powers.

Powers Defined. The legislative power makes the laws, which are rules of action for the persons subjected to them. The legislative power looks forward; it acts for the future. The executive must enforce

the law now; it acts in the present. The judicial power applies and construes the law when controversies arise concerning what has been done or what has been omitted. "This power is retrospective; it can only look back; it deals with acts done or threatened, promises made or injustices suffered." Marshall. Thus we see that the reasons for this threefold separation of the powers and function of government arise from the nature of government on the one hand and the nature of man on the other.

LEGISLATIVE DEPARTMENT.

Congress. The law-making power is vested in a Congress which consists of two houses, - the Senate and the House of Representatives. This adjustment.

gave the framers of the Constitution much trouble. Many members desired that the states should be given an equal representation in a legislative body which should consist of but a single house. Others thought that there should be a single body, but that it should represent the people proportionally, irrespective of the states. Still others desired a two-chambered or bicameral assembly. The present Congress is a compromise in which the Senate represents the states and the House represents the people.

THE HOUSE OF REPRESENTATIVES.

Members. The House of Representatives, called also the Lower House, or simply the House, is composed of members elected by the people of the several states. The members are voted for directly by the people, and are elected for two years.

Voters for Representatives. Any person legally qualified according to the laws of his own state to vote for members of the most numerous branch of his state legislature may vote for a representative in Congress. This provison implies first, that each state is to have more than one legislative branch; second, that each state shall prescribe the qualifications of voters.

Eligibility of Members. Representatives must be at least twenty-five years of age. No person can be a representative who has not been for seven years a citizen of the United States and who is not, when elected, an inhabitant of the state from which he is chosen. Neither can a representative hold any other office of profit or trust under the United States. A representative need not be a citizen of the district which elects him; custom, however, has made it necessary for a man

to be an inhabitant of the district he is to represent. In our entire history this custom has been broken but once. Our people believe that a resident representative will be more careful of the interests of his constituents than will a man from a distant part of the state..

Number of Representatives. The first House, which met in 1789, contained only sixty-five members, the idea being that there should be one member for every sixty thousand persons. As population increased and new states were added, the number of members increased. Later, in order to prevent a too rapid increase in membership, the ratio of representation was changed. At present there is one representative for each 180,000 inhabitants. The present Congress (the fifty-fourth) consists of 357 representatives, and delegates from each of the territories. Each terri

torial delegate has a seat in the House and may speak on any measure relating to his territory, but has no vote.

Apportionment of Members. Every ten years after the taking of the census, Congress determines how many members the House of Representatives shall contain for the ensuing ten years. (This number may be modified only by the admission of new states.) The total representation in Congress having been determined, the representation of each state must next be ascertained. The number representing the total population of the states (not including territories) is divided by the number of representatives, and the quotient shows the number of people entitled to one representative. This number is called the Congressional ratio, and is maintained for ten years. Next, the number representing the population of each state is divided by the