Liberty does not free the people from the necessity for control, but it places a heavy burden of responsibility upon the individual for self-control.

3. Is liberty the birthright of every human being?

are

The Declaration of Independence declares "that all men created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness."

4. How may this birthright be enjoyed?

Liberty involves civic responsibility. To enjoy its privileges the citizen must cooperate with other citizens.

5. Who enjoys the greater liberty, the pioneer or the resident in a well-organized community?

The latter under normal conditions of government. The organized community provides protection against many of the hazards of existence and for cooperation in securing the necessities of life.

6. By what instrumentality can the greatest degree of political liberty be secured?

By wise laws properly enforced.

7. Can anarchy produce liberty?

No. It destroys liberty, because it is the opposite of cooperation. 8. What is the Declaration of Independence?

The Declaration of Independence is the bill of human rights by which the American Colonies declared themselves free and independent States, dissolving all political connection between themselves and Great Britain.

9. Did the Declaration of Independence make the colonists independent?

No. The Declaration of Independence was only an evidence of their independent spirit.

10. When is a people free and independent?

When it is strong enough to set up and control its own government through the voice of the people.

11. What are Blackstone's maxims which help to interpret the present limitation on speech and press?

(1) Between public and private rights, the public right must prevail.

(2) Liberty to all, but preference to none.

(3) Those offenses should be most severely punished which are most difficult to guard against.

12. Can the police power of a State or municipality interfere with "liberty" and "property" as guaranteed by the Constitution?

"Our Constitution is being so interpreted by the courts as to allow the police power to protect the people against many harmful prac

tices and dangerous evils, even though this protection involves some sacrifice of liberty and property rights as guaranteed by the amendments."

QUESTIONS TO BE ANSWERED BY THE STUDENT, IN WRITING

1. Why are so many persons who have complete constitutional liberty under present conditions dissatisfied with our form of government?

2. Why are the first 10 amendments sometimes called the Bill of Rights?

3. State several of your most important constitutional rights. 4. Why does the police power necessarily come into conflict with the amendments of the Constitution?

32. LESSON 8.-The Purpose of Government

(a) Introduction: Progress of man, savagery to civilization-Government by "will" (force): Feudalism, despotism, autocracy, democracy-Development of idea of individual rights-Revolt against church, state.

(b) Government by "reason (law) Preamble of Constitution is first written statement of true purpose of government

(1) "We, the people," masters; government the servant; consent of gov erned.

(2) "A more perfect Union," weakness of Articles of Confederation; the American league of nations.

(3) "To establish justice," government of law, not of men.

(4) "Domestic tranquility" assured by public education, ideals, principles, religion; endangered by sectionalism, blocs, internationalism.

(5) "Common defense," militia versus militarism; defensive not offensive. (6) "General welfare," paternalism versus protection.

Introduction, progress of man.-The age of man is variously estimated between the range of 60,000 years and 3,000,000 years. So little did he leave to posterity in evidence of his existence or accomplishments that prior to 10,000 years ago there is but the slightest trace of information, and that only recorded in the "Books of Stone," fragments of which from time to time have been uncovered and interpreted by geologists, archeologists, and anthropologists.

Void of knowledge, we are left to speculation as to the probable physical and mental qualities of prehistoric humanity. A skull, a bone, a chipped arrowhead, a few rudely drawn sketches on the walls. of caves sum up the information we possess. Yet it is a progressive story, and out of it science has been able to evolve at least plausible theories respecting the physical and mental qualities of our progenitors.

Guided first by animal instinct, man in time acquired some power of reason. He was able in a slight degree to associate cause with effect, which within the range of his intelligence fixed his habits and practices. Anything beyond his dull comprehension filled him with

the fear of superstition, making him an easy victim of the more enlightened.

Then was first developed the sense of leadership and command. The stronger minds, swayed by the same imaginings, asserted themselves, played upon fears, interpreted dreams, foretold good and evil, and in proportion as they were clever in their guessing or superior in their knowledge they acquired authority and power.

As intelligence developed, wants increased and better means were found to satisfy them. Crude implements were made for hunting game and tilling the soil. Possessions were accumulated. The instinct to protect them resulted in fixing simple family and tribal customs and regulations. Man's social instinct led to the establishment of families, groups, and tribes. Transmitting habits, traditions, customs, and superstitions to succeeding generations, there came to be formed definite and distinctive racial types with fixed governing principles.

For thousands of years primitive men, followed by the savage, the barbarian, and the semicivilized, found their way from place to place until the farthest reach of land became populated. Governments of a kind were set up. Order was created, but with increasing intelligence, attending accumulation of property, and growing wants, occasion was usually found for conflict, the strong despoiling the weak. Alliances for defense and offense were formed. Agreements between rulers and subjects and forms of treaties with nations brought about a more or less defined code of conduct and law, enforced invariably to the benefit of those who held the power.

Thus was evolved the government of "will"-the will of a strong leader, a crafty king, or a powerful minority. Civilizations were born, held sway in some instances for many centuries, left their imprint for evil or for good, passed on into history. The great civilization of Egypt was developed, where art, literature, science, industry, agriculture, and building flourished 5,000 years before the Christian era. The art of writing, invention of bronze, beautiful and delicate carvings in precious metals and stones, evidenced a culture astonishing in its attainments.

Other civilizations, some like China, to continue thousands of years, were developed in various parts of the then known world, making contributions to the development of humanity. The Hebrews established a democracy and gave Christianity its birth. Greece advanced art, literature, and culture. Rome contributed organization, order and law, taught the world how to build bridges and great highways. The Teutons evolved the ideas of self-government, to be carried by the Saxons to the British Isles, there to be built up through the following centuries into a system of government under

which there grew a people whose influence and power has been profound among the nations of the earth.

Briefly, this sketches the background upon which civilizations and governments have been predicated. Their faults were largely the result of gross ignorance coupled with brute instinct for power. Their virtues were revealed in the slow yet sure steps toward enlightenment and understanding. If selfish and often cruel leaders preyed upon the weak and ignorant in accomplishment of their ambitious designs, it is equally true that with the attainment of their objective there were always steps of progress made which, through the centuries, grew to the great advantage of all.

Feudalism, despotism, autocracy, democracy gave form to the ruling forces of government, in all of which the ignorant majority were subject to the "will" of the intelligent few. The best study of man is man. Centuries have passed in the search for a sufficient knowledge of mankind to give proper adjustment to human society. Often progress was long delayed by the character, or lack of character, of the more intelligent. The despot knew his strength resided in the ignorance of his subjects. The autocrat held his power through appeal to emotions engendered by pomp and glitter of the court, or by fear created through control of military forces and the means of livelihood.

By various methods the rights of citizenship were confined to the prescribed limits dictated by "will" (force) until increasing intelligence within the ranks of the people began to exert a counteracting force which had more and more to be placated. Undoubtedly the first great accomplishment toward establishing individual rights was upon the great occasion of the meeting of King John and the Barons on the field of Runnymede in 1215 A. D., when there was signed the Magna Charta, which guaranteed to Englishmen rights beyond the power of the king to take away. By successive steps in protection of these rights there came the act of Parliament (1295), petition of rights (1628), habeas corpus act (1679), Bill of Rights (1689), and the act of settlement (1701).

In the spread of Christianity there naturally followed a quickened intellect. The appeal of religion is to the mind and emotions. It arouses the highest ideals and loftiest aspirations. It quickens ambition and desire for attainment. It strengthens principles and builds up character. It promotes zeal and binds the hearts of mankind in a common cause. It is the greatest power for good and the very foundation of civilization. Individuals and nations are blessed in its benefits. Yet in the name of religion there have been fought many of the bloodiest wars of history.

Government by "reason" (law).-This form of government has been evolved and has since functioned under the Constitution of the

United States of America-a Government of reason, as opposed to all former governments of will. While in no sense perfect, it is so framed as to permit amendment; experience and wisdom will create a more perfect state of human society.

Preamble of the Constitution.-The preamble of the Constitution is a written statement of the purpose of government. It reads:

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 of the United States of America.

(1) "We, the people," masters.—

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It is important to notice that this is a government of the people, not of the States. Under the Articles of Confederation, in effect as our first form of government from 1781 to 1789, the States as political entities, and not the people, entered into a new league of friendship," each State retaining its "sovereignty, freedom, and independence." The new Constitution brought in a new Nation, deriving its "just powers from the consent of the governed."— Thomas J. Norton.

The people, the highest authority known to our system, said President Monroe, from whom all our institutions spring and upon whom they depend, formed it.-President Monroe.

Its language, "We, the people," is the institution of one great consolidated national government of the people of all the States, instead of a government by compact with the States for its agents.-Patrick Henry.

Nowhere is American independence and self-reliance better exemplified than in these words, "We, the people." The Articles of Confederation were discarded by the Constitutional Convention which was called to revise them. With a background of several centuries of experience of the mother country, and in the lessons learned by 150 years' experience in self-government as Colonials, the convention adopted a revolutionary constitution based upon the proposition that a people are able to govern themselves. No king or emperor, no selected body of lords, or even States, was needed to order their government. For the first time in the history of nations, the people became the master and the Government the servant to do their will. It was by no accident, by no blind shot in the dark, that this action. was taken which set up "the people" and not "the States " as supreme. Back of the Constitution was a group of men particularly qualified to determine and frame each clause of that immortal document-men who had studied law in the universities of England, graduates of American colleges (several of these colleges were from 75 to over 100 years old at the time of writing the Constitution); "Blackstone" was more studied in the Colonies than in England. With such outstanding men as Washington, Madison, Franklin, Hamilton, to take part in the deliberations of that body, there was little room for doubt as to the wisdom of their conclusions. After