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PART III

THE NATIONAL GOVERNMENT

CHAPTER XIII

THE CONSTITUTION OF THE UNITED STATES

138. Introduction. Having completed our study of the state and local governments, let us now turn to the other half of our governmental system and examine the national government and its workings. In this study we shall find it advisable to begin with the Constitution of the United States, for our national government really did not exist before this Constitution was adopted. Furthermore, as the national government derives its authority from the people through the Constitution, it cannot use any power unless that has been granted to the national government by the Constitution, although our state governments may undertake any duties not denied to them by their state constitutions or by the Constitution of the United States. It is the more appropriate to study the Constitution at this point, because, as stated in the last sentence, it does deny certain things to the states and has therefore an influence on the character and work of the states which is of great significance and which should be considered in connection

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and amend

ment.

Its adoption with the preceding chapters. This important Constitution was drafted in 1787, and ratified by the states during the following year. It has been in force ever since, having been somewhat modified by fifteen amendments adopted since 1788.

Composition and powers.

Powers of
Congress
under the
Confedera-

tion.

139. The Second Continental Congress. When the thirteen English colonies revolted against the rule of the mother country and declared their independence in 1776, their interests in common were protected by the Second Continental Congress, which was composed of delegates from the different states. This Congress, in which each state had one vote, conducted the war, issued paper money, and settled disputes between the states, but no one knew just what powers it had, for there was no document showing what laws it might make.

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140. The Confederation. After repeated efforts, the states were induced to ratify "Articles of Confederation," which provided for a "firm league of friendship among the states, and enumerated the powers that Congress might exercise. But the states were jealous of Congress, and gave it just as little power as possible. It could not levy taxes, but was obliged to ask the states for what money it needed. When the states neglected to pay these sums, Congress became bankrupt. Although Congress had the right to pass a great many laws, it could not force any one to obey them, because it did not deal with individuals but with the states, and the states did not care to enforce the laws which Congress had made. For several years matters went from bad to worse.

amend the

Congress continued to hold meetings, though fewer delegates attended each one. Two attempts were Attempt to made to give Congress the right of levying duties articles. upon goods imported into the United States from foreign countries. As no change could be made in the Articles of Confederation except by the unanimous consent of the thirteen states, both of these proposed amendments were defeated, one state objecting in each case.

Injury to

foreign and interstate

141. Commercial Needs under the Confederation. The Articles of Confederation had now become practically valueless. Their defects can perhaps be commerce. shown most easily by considering the questions of foreign and interstate commerce. We can readily

see that the United States could trade with Great Britain or France to advantage only so long as we had the same regulations for this foreign trade in all the states. Yet when Massachusetts attempted to lay duties on goods imported from abroad, Connecticut made her ports free in order to get as much commerce as possible. New York used her fine harbor to help her own commerce and injure her neighbors. Throughout the country state selfishness was destroying trade and injuring our good name abroad.

olis confer

ence.

142. A Constitutional Convention Called (1786-1787). The Annap- At length, in 1786, through the influence of George Washington, Alexander Hamilton, and James Madison, a conference met at Annapolis, Maryland, to decide how our commercial difficulties could best be settled. Only five states were represented at that

Members of

the convention.

Opening sessions of the convention.

conference, and after some discussion the delegates of these five asked Congress to summon a convention, which, by amending the Articles of Confederation, should make it possible for Congress to protect the commercial interests of all the states.

Late in May, 1787, the members of the convention met at Philadelphia in the building famous as the birthplace of the Declaration of Independence. It was a very remarkable gathering of famous men, because every one knew that the time had come for important changes. In addition to Washington, Hamilton, and Madison, there were present many of the ablest statesmen of the Revolutionary period, including Benjamin Franklin, Roger Sherman, John Dickinson, Robert Morris, and Charles Pinckney.

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143. The Connecticut Compromise. The convention opened its sessions by excluding outsiders from its meetings, and by deciding that each state should have one vote as in the Congress. Washington was selected to preside over the convention. Without delay the members declared themselves in favor of forming a national government instead of trying to improve the league established by the Articles of Confederation. After a little opposition, they agreed that Congress should be composed of two houses, Compromise but at this point a difficulty arose. The large states insisted that the number of members in both houses should be proportional to the population of the states, while the small states wished to give each state an equal vote irrespective of its size. For weeks no agreement could be reached, but at length

over repre

sentation in Congress.

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