sible a mere league of states and creates a government of the people. The states are not mentioned as such in the Preamble. Nowhere is there the slightest hint that the authority for the formation of the government is derived from the states. The new nation was and is an organization of people, not of states.

2. The Organization of the Government. Articles One to Three provide for three separate departments. Article One deals with the legislative department whose powers are vested in a Congress of two Houses.

Article Two provides for an executive department which consists of a president and vice-president, who represent the people in the execution of the laws.

Article Three provides for a judicial or law interpreting department.

3. Division of Powers. The makers of our Constitution enumerated in Section Eight, Article Two, eighteen powers which they gave to the central government. They prohibited it from exercising eight powers which are named in Section Nine, Article Two, and they prohibited the states from doing any of the things listed in Section Ten, Article Two. The United States is a federal government because its powers are divided between central and state governments.

4. The Field of Individual Liberty. Individual liberty includes all that a government has no constitutional right to require its citizens to do or not to do. Individual liberty is guaranteed in the prohibitions against Congress and in the first ten amendments which may be called a bill of rights. All citizens have freedom of speech and the press, the right of petition, and religious liberty; no one can "be deprived of life, liberty, or property without due process of law."

Early State Constitutions. State constitutions have their beginning in the charters of the early trading companies. The charters granted to the Virginia and Plymouth Companies necessarily made provisions for the government of the colonists.

The first written constitution made in America was the "Fundamental Orders of Connecticut," drawn up in 1639. At the beginning of the Revolutionary War six colonies had written charters or constitutions and seven were ruled through instructions to their governors, but the general form of government was the same in all. Each colony had a governor, a legislature usually of two houses, and courts composed of judges appointed by the governors or by the king.

When the royal governors were driven out, the people were compelled to establish governments to take the place of those which had been overthrown. The first Continental Congress passed a resolution advising some of the colonies to establish governments for themselves and promising military assistance if it were needed. This was the beginning of state governments. Following this advice all the colonies adopted constitutions before 1781 except Rhode Island and Connecticut, which used their charters. The name "state" was adopted by all the new organizations except Massachusetts, Pennsylvania and Virginia, which used the term "commonwealth.” These early constitutions were short documents and were usually made up of two parts. The first made a statement of individual rights; the other provided for the organization of a government.

How State Constitutions are Made. Though not always followed exactly in adopting early constitutions, a common plan has come to be followed in recent years.

1. A resolution giving the people an opportunity to vote on

the question of calling a constitutional convention must be passed by the legislature. Most states require a two-thirds vote in both houses to pass such a resolution.

2. The question is submitted to the people either at a general election or at a special election held for that purpose.

3. The people having voted in favor of calling a convention, a special election for the election of delegates to the convention is called.

4. The convention meets and drafts a constitution.

5. The constitution is submitted to the people usually at a special election called for that purpose. If the people vote in favor of the new constitution, it is adopted. This process is slow and difficult. It makes constitutions hard to change. A law which once becomes a part of a state constitution is likely to remain a law for a long time, for legislative action cannot change it.

Recent State Constitutions. In addition to the bill of rights and the organization of the government formerly provided, recent state constitutions usually have a great deal of space devoted to detailed laws upon such subjects as corporations, education, and taxation. Thus constitutions have become very long. But they are filled with details which must be modified frequently to make them fit changing conditions and this makes it necessary to provide easier methods for amendment and revision. When constitutions become more like ordinary law they are less stable and permanent, and less respected.

Amendments to Constitutions. The Constitution of the United States authorizes two methods of amendment but only one has been used. According to that method the proposed amendment must be passed by the two houses of Congress receiving a two-thirds vote in each house. It must then be ratified by the legislatures of three-fourths of the states. State

constitutions require the submission of amendments by the state legislature. Usually a two-thirds vote of each house is required to submit an amendment to a vote of the people before becoming a part of the constitution.

In America

How We Find the Meaning of Constitutions. the meaning of the language of our constitutions is interpreted by our courts. The Supreme Court of the United States determines the meaning of the Constitution of the United States and the state courts interpret state constitutions. Legislative bodies occasionally pass laws which our courts declare "unconstitutional." That is, the courts say that some part of the constitution prohibits the government from doing the things that are provided for in the law. Through this power of interpreting the meaning of our constitutions the courts sometimes change their application as much as an amendment would change them.

The Unwritten Constitution. Sometimes people talk about "the unwritten constitution." We frequently hear people say that England's constitution is unwritten. This is not strictly true because important parts of it such as the Magna Charta, the Petition of Rights and the Bill of Rights are written. But there is no written document providing for the organization of the government. Parliament, the Prime Minister, the Cabinet, and the courts all exist because of custom and are not provided for in any written instrument.

In the same way there are many parts of our government that are not provided for or even mentioned in our Constitution. The president's cabinet is one. Political parties are another. Much of our court practice is determined by precedent and custom. Customs and practices that have become a regular part of our government are called the unwritten constitution.

Suggested Activities.

1. The Constitution has seven articles and there are nineteen amend. ments listed as articles numbered with Roman numerals; the articles are divided into sections numbered with figures and the sections are divided into numbered clauses. "Clause" in this sense does not have the same meaning as in grammar. It indicates the smallest numbered division of the Constitution as it is written or printed. It is very easy to find any reference to subjects discussed in the Constitution. Tell what subjects are discussed in each of these references:

Art. I. Sec. 2.
Art. I. Sec. 5.

Clause 2.

Clause 4.

Amendment XIV. Section 1.

Art. I. Sec. 8. Clause 18.
Art. II. Sec. 4.

2. In a brief talk, not to exceed three minutes, give your opinion as to what would have been the effect upon growth of union among the colonies:

(a) If good roads had connected them.

(b) If each had used a different language.

(c) If there had been no Indians.

3. Assuming that your state legislature has passed a resolution calling for a new Constitution, outline the steps in making such a document, following the topic "How State Constitutions Are Made." 4. Choose sides and debate one or more of the following questions: (a) Resolved, that the Committees of Correspondence were of greater value in developing the idea of union among the colonies than the Stamp Act Congress.

(b) Resolved, that a short state constitution which contains only fundamental principles is better than a long one which contains many details.

(c) Resolved, that voters who cannot read should not be permitted to vote upon amendments to state constitutions.

Study Questions.

1. What caused the isolation of the early colonies in America? What were some of the differences in ideals?

2. What great fundamental basis of union existed in the colonies from the beginning?

3. Why was the New England Confederation formed? Why was not Rhode Island a member of the Confederation?

4. What common need caused the Albany Congress to be called? Who proposed a plan for the permanent union of the colonies at this congress? Why was the plan rejected by the colonies? By the English government?