James Alton James

“ ARTICLE V.—No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ”

“ Why Taxes Are Levied.—We have now to consider a power of government, without which none of the others so far named could be exercised. This is the taxing power. In every case money must be used by local governments in exercising their functions. Officers, who are agents of the people, depend largely upon taxes for their salaries. Taxes are levied by the legislative bodies that we have found in towns, villages, and cities. Other officers, assessors and treasurers, determine the amount to be paid by each citizen and collect the taxes. ”

“ The example set by many eminent persons who have devoted themselves unselfishly to the accomplishment of reforms in our great cities may well be imitated by every citizen in the smaller affairs of his city or his ward. And the younger generation of citizens, who are yet students in the public schools, may exert no little influence toward the betterment of the city; and they may aid in the formation of that better public sentiment without which no improvement in our standards of municipal government is possible. ”

“ In respect to legislation, therefore, the constitutional monarchies are all more or less republican in principle; that is, they all recognize the supreme authority of the people acting through their representatives.
An absolute monarchy is one in which the authority of the ruler is not held in check by a constitution or by a body of men elected by the people. No civilized country now has this form of government. ”

“ Local Self-Government.—Such is the way in which local government has come about in the various States of the Union. Rooted in the systems that Englishmen have developed through the centuries, adapted to the new life and the peculiar conditions of the colonial period, it has spread with the population throughout the land. The management of local affairs by the people and their chosen representatives is a sound principle of government which holds a firm place in every part of our country. ”

“ In fact, most young persons receive their earliest ideas of government by seeing the policeman, or constable, who stands for the authority of the government. But he is not the only officer who is concerned in preserving order. The police officer who makes an arrest cannot punish his prisoner, but must merely hold him until it is decided that he deserves punishment. This is the work of a court, with its justice, or judge, and the jury. ”

“ A short term for representatives was agreed upon, for it was the design to make them dependent on the will of the people. The question frequently arises, therefore, ought representatives to be compelled to receive instructions from those who elect them? May we not agree that our legislation would often be more efficient if the welfare of the nation were considered, rather than what seems, for the moment, to be only the concern of a district or even, a State? ”

“ These are some of the conditions that are peculiar to city life; and we find here the reasons why the government in a city must undertake a large number of functions. At every point the safety of the citizen and his property must be guarded; and in a great many ways the conveniences of life must be supplied by the city or under the control of city officials. Thus we account for the fact that city government is complex—the principal source of the difficulties and the evils that we find in connection with administrative departments. ”

“ Roads and Streets.—The preservation of order is but one of the functions of government. In towns where the population is scattered, roads must be built, and it is still more necessary that in villages and cities, where many people live within a small area, streets should be graded and paved and sidewalks maintained. This is an illustration of the way in which, through the machinery of government, people provide themselves with many conveniences that it would be impossible for each citizen to provide for himself. ”

“ Establishment of an Independent Tribunal.—Alexander Hamilton characterized the lack of a judiciary as the crowning defect of government under the Confederation. If we consider the nature of our present government, it is easily seen that some form of independent tribunal is necessary. We have a central government exercising complete control over National affairs and foreign relations and, at the same time, the State governments with equally complete control over questions arising within their limits. ”

“ No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each State shall maintain its own delegates in any meeting of the States and while they act as members of the Committee of the States. ”

“ The most important provisions in the Bill of Rights may be classed under the following headings: democratic principles; personal security; private property; freedom of religion, speech, and of the press; and security against military tyranny.
Democratic Principles.—All men are equal before the law, and are protected in the enjoyment of life, property, and the pursuit of happiness.
All power is inherent in the people.
Personal Security.—The people have the right to bear arms for their safety and defense, but this privilege is regulated by appropriate legislation. ”

“ The Power of Committees over Bills.—A committee may exercise the utmost freedom with respect to the bills referred to it. The greater number of bills receive no consideration whatever from the committees; these may never be reported if the committees see fit to ignore them. Other bills are amended by the committees, or new bills are substituted for them. Such is the power intrusted to Congressional committees. However, if a majority of the house wishes, it may take up for discussion a bill which one of its committees has decided not to report back. ”

“ Each State had its own system of duties and imposts, which led to great confusion in commerce. No important resolution could be passed in Congress without the votes of nine States. No amendment was possible, except by the votes of all the States. Congress became constantly weaker as various members resigned to accept positions under State authority. In that most dangerous period of our history, extending from 1783 to 1788, aptly called the "critical period," it became constantly more apparent that government under the Articles of Confederation was a failure. ”

“ This officer is known by various titles, as, in the town, the chairman, in the village, the president, and in the city, the mayor. In any case, he has all or most of the important executive work of government under his control. It is his duty to see that the laws are obeyed, so the police officers are subject to his orders. The chief executive is guardian of the people's interests; for he must see that the minor officers do not injure the public welfare by neglect of duty, and he must defend the public from all persons who would encroach upon its rights. ”

“ But in choosing the President the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President. ”

“ Care of Public Money.—Clause 7. No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
It is proper in a government such as ours that the control of the public money should be lodged with the representatives of the people. Through the annual report of the Secretary of the Treasury, the people may know from what sources our revenues are derived and for what purposes the money is expended. ”

“ The Form and the Spirit of Government.—The study of other governments and the comparison of them with our own will teach us that the virtue of a government resides, not in its framework, but in its spirit. ”

“ Interstate Commerce.—The distinction between State and interstate commerce is not readily seen in many cases; but in general it may be said that if a commodity starts in one State destined for another, its control throughout its course lies within the power of Congress. This principle applies to both land and water transportation. So the coast trade among the States lies within the jurisdiction of Congress ”

“ In determining questions in the United States in Congress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrest and imprisonment during the time of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace. ”

“ The requirement of general laws secures uniformity in the most important features of city government, and it prevents the practice, which is otherwise liable to prevail, of constant interference by State legislatures in the affairs of certain cities. Such special laws should be enacted with great caution, if at all; for when a legislature regulates the affairs of a particular city, it too often does so at the request of persons or corporations having advantages to gain at the expense of the public. [3]
The Mayor.—The chief executive of the city is the mayor. ”

“ An analysis of the Constitution shows that there are some provisions which are new and that English precedent had an influence. The main features, however, were derived from the constitutions of the States with whose practical workings the delegates were familiar. The following well-known statement is an excellent summary: "Nearly every provision of the Federal Constitution that has worked well is one borrowed from or suggested by some State constitution; nearly every provision that has worked badly is one which the convention, for want of a precedent, was obliged to devise for itself." ”

“ Indeed, the office is regarded as one of so little influence that it is sometimes difficult to secure, as candidates for it, men of recognized prominence.
The other officers of the Senate are secretary, chief clerk, sergeant-at-arms, chaplain, postmaster, librarian, and doorkeeper, none of whom is a member of the Senate. It is desirable, in the absence of the Vice-President, that the Senate should have a presiding officer. At the opening of the session, therefore, that body chooses from its own members a president pro tempore. ”

“ Two problems confront the department of public charities: (1) How can it distinguish between those who actually need assistance and those who do not? (2) How can it help those who need assistance temporarily, without weakening their desire to become self-supporting? The same problems must be solved by the citizen in connection with his private charities. In general, it may be said that charitable work is best managed by private organizations, in charge of trained workers, who can investigate all cases of application for aid. ”