shall be as valid against the United States under this Constitution as under the confederation. This clause was designed as a guaranty to the creditors of the United States, that all obligations incurred prior to the adoption of the Constitution should remain in full force. It is a mere reaffirmance of a principle of the law of nations, that national debts and obligations survive all changes of government. Clause 2. This Constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; anything in the constitution or laws of any state to the contrary notwithstanding. The Constitution and constitutional laws of the United States are made the supreme law of the land, because the government would be powerless and inoperative if the individual states could enact laws contrary to those of the United States, or if individual citizens could violate them with impunity. Treaties are also made the supreme law, because there is no other way of enforcing their observance by the states, and if the states did not observe them, foreign nations would soon cease to make treaties with us. But laws of the United States not made in pursuance of the Constitution, but contrary to it, are of no binding force, and it is the right and duty of judges to declare them void. Clause 3. The senators and representatives beforementioned, and the members of the several state legislatures, and all the executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitu What is declared concerning obligation incurred before the adoption of the Constitution? Of what principle is this declaration a re-affirmance? What constitutes the supreme law of the land? Why are the Constitution and constitutional laws of the United States made a part of the supreme law? Why are treaties made a part of that law? Of what force are laws which are not in pursuance of the Constitution? Who are required to make oath to support the Constitution? tion; but no religious test shall ever be required, as a qualification to any office or public trust under the United States. [Comp. Con. of Vt., Pt. II, § 29.] This clause makes fidelity to the Constitution a qualification for holding any legislative, executive, or judicial office, under the United States, or any individual state. Officers of the United States are required to take the oath to support the Constitution, because they are directly concerned in the administration of a government and laws that are based upon the Constitution. Officers of the several states are required to take the same oath, not only because they owe obedience to the Constitution as the supreme law of the land, but because the duties of their offices often require them to give effect to the supreme law. It adds greatly to the enormity of the guilt of the leaders in the rebellion of 1861, that they had bound themselves by all the solemnity of an oath, often repeated, to support the Constitution, and uphold the government which by that rebellion they attempted to overthrow. The prohibition of a religious test as a qualification for office, was designed to guard against the union of church and state which exists in England, and some other European countries, and which excludes from office all persons who are not members of a particular church. ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution, between the states so ratifying the same. At the time of the formation of the Constitution there were thirteen states. It was not thought possible to secure a ratification by the whole, till after a part had ratified it, and established a government under it. But it was desirable to secure more than a majority, that the new government might be of sufficient strength What is the effect of this requirement? Why are officers of the United States required to take the oath? Why officers of the several states? What is said of the guilt of the leaders in the rebellion? What is declared in regard to a religious test? What is the design of this prohibition? What provision was made for the establishment of the Constitution? How many were the original states? What was thought to command respect and give promise of permanence. Accordingly it was provided that a ratification by nine states should be sufficient to establish the Constitution. If it had been ratified by no more than nine, they would have constituted the nation, and the other states would not have belonged to it. In fact, the Constitution was ratified by eleven states, and the government thereby established went into operation March 4, 1789. North Carolina and Rhode Island, which did not concur in the ratification till a considerably later date, were in the meantime treated in many respects, as foreign states. ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTITUTION. The Constitution, as originally proposed to the states, and adopted by them, was seen to be an imperfect instrument, but it was adopted as the best that could then be obtained. A very general desire was expressed that it should speedily be amended in several particulars. It was especially desired that a direct and positive affirmance of certain rights of the people should be incorporated into the Constitution. Accordingly Congress, at its very first session, proposed twelve articles of amendment, ten of which were ratified by the requisite number of states. Four other amendments were afterwards, at different times, proposed and adopted. But no part of the Constitution, as originally adopted, has been altered, except as to the manner of electing the President and Vice-President, and section second of article third, so far as it authorized a suit to be brought against a state by an individual. in regard to ratification by the whole? Why was ratification by more than a majority desirable? If only nine states had ratified, what would have been the result? How many did in fact ratify? When did the government go into operation? What states withheld their concurrence, and how were they treated? What is said of the Constitution as first proposed? What general desire was expressed? What was especially desired? To meet this desire what did Congress do? How many amendments have been adopted? How is the original Constitution affected by them ? ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. [Comp. Con. of Vt., Pt. I, § § 3, 13, 20.] The Constitution already forbade the requirement of any religious test as a qualification for office, but this article goes still farther, and prohibits the government from showing favor or disfavor to any denomination, or doing anything which may tend to the establishment of a national religion. At the same time it secures to all citizens of all denominations absolute equality in matters of religion, and complete religious liberty. The second clause of this article guarantees to every man the right to speak and to publish whatever he will. In some despotic countries the printing of books on particular subjects is disallowed unless they have been examined and approved by an officer of the government. The publication of newspapers and other periodicals is placed under similar restrictions. The second clause guards against such restraints upon the freedom of the press. But it does not protect against the consequences of publishing what is slanderous, blasphemous, mischievous, or in any wise illegal. A man may freely speak and publish his sentiments on all subjects, but if in so doing he violates any private rights, he will be liable to an action for damage, and if he injures the public he will be punished criminally. The right of petition is guaranteed by the last clause of the article, that the people may always have the means of making their grievances known to the government. What is the first article of amendment? How does the first clause of this article affect the relations of the government to religion? What does it secure? What does the second clause guarantee? How is the press restricted in despotic countries ? What limitation to the protection afforded by this clause? What is the right and what the liability in regard to speaking and pub. lishing? Why is the right of petition guaranteed? ARTICLE II. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. [Comp. Con. of Vt., Pt. I, § 16.] If the people, as a whole, are allowed to keep and bear arms, it will restrain their rulers from acts of tyranny and usurpation. Standing armies will also be unnecessary, if the citizens generally are armed and disciplined, and qualified to defend the country in any sudden emergency. ARTICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law. The design of this article is to secure the enjoyment of that great common-law right that a man's house shall be his castle, privileged against all intrusion. It is sometimes necessary, in time of war, that soldiers shall be quartered in the houses of citizens, but this article provides that it shall be done, not capriciously and oppressively, but in accordance with legal and uniform rules; and, in connection with the last clause of article fifth, it guarantees compensation for the loss and injury that may be sustained. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath What is declared in the second article? What are the reasons for guaranteeing the right for bearing arms? What is declared in article third? What is the design of this article? What security does it give in regard to quartering soldiers in time of war? |