CHAPTER II. THE STATE CONSTITUTIONS. 648. THE REORGANIZATION OF THE STATES.-Independence destroyed the old legal foundation of the States, and made it necessary to provide a new one. A. people so tenacious of political habits as the Americans of that day, and so committed to government by law, could not rest until they had adjusted their local governments to the new order of affairs. In fact, they did not wait for the formal declaration of independence before beginning. As early as May, 1775, colonies began to apply to Congress for advice to guide them in the emergency that had arisen. Passing by earlier and partial replies, Congress adopted, May 10, 1776, the following resolution, with an appropriate preamble: "Resolved, that it be recommended to the several assemblies and conventions of the United Colonies, where no gov. ernment sufficient to the exigencies of their affairs have been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular and America in general." All the Colonies but two acted in conformity with this recommendation. Their action took the form of State constitutions, adopted and put in force in the years 1776-1780. 649. THE FIRST CONSTITUTIONS. - These constitutions were the first instruments of the kind ever made. Some of them, framed in haste, were very brief and defective, and were soon laid aside; others were well matured, and that of Massachusetts is still in force. The first constitutions were drawn up by State conventions or congresses, some of which were composed of members of the assemblies, and some especially constitued for that purpose. The General Court of Connecticut formally declared, in 1776, that the charter granted by King Charles II. in 1662, and adopted by the people, should be and remain the civil constitution of the State. Rhode Island also continued her charter, but without any formal declaration to that effect. Connecticut adopted her first constitution in 1818, and Rhode Island hers in 1842. 650. THE CHANGE FROM COLONY TO STATE.-The Colonial governments were not destroyed, but continued under a new name. The division into three branches, the bicameral legislature, the parliamentary law, the independent executive and judiciary, and the old systems of local government, were all perpetuated. As one has said: "The Revolution was not a war against these things; it was a war for these things-the common property of the Anglican race." 651. THE SOURCE OF THE NEW CONSTITUTIONS.-This was the popular will. From that day to this supreme political power in the United States, both as a theory and a fact, has resided in the people. Only the constitution of Massachu setts, of those first formed, was submitted to the people for their ratification; but the assemblies, conventions, and congresses that ordained the others did so as the representatives of the people. The Virginia preamble ran: "We, the delegates and representatives of the good people of Virginia, do,” etc. That of Massachusetts: "We, the people of Massachusetts," etc. 652. THE MODEL OF THE NATIONAL CONSTITUTION.Mr. Gladstone has said: "As the British constitution is the most subtle organism which has proceeded from progressive history, so the American Constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man." But the American Constitution in respect to its elements has also proceeded from progressive history. What the Federal Convention did, was not to invent new ideas and methods, but to select and combine old ones. Only in the selection and combination of its constituent parts, can the National Constitution be said to have been "struck off at a given time by the brain and purpose of man." In a general sense, the Convention of 1787 found the model after which it patterned, as respects substance, in the English government; but in a more strict and limited sense, it found this model in the State constitutions then in force. 653. THE MODELS OF THE STATE CONSTITUTIONS.-But where did the States find their models? The State constitutions, as documents, were no doubt immediately suggested by the Colonial charters. In important respects they differed from the charters: the charters emanated from the king, the constitutions from the people themselves; the charters were grants of rights and powers to the people; the constitutions grants of power made by the people to government. Both the constitutions and charters had a certain likeness to the old English charters, as Magna Charta, and the bills of right, while the constitutions made or proposed for England in the time of the Commonwealth may have been in the minds of the statesmen of 1776-1787. Mention may be made of the Instrument of Government that created the Protectorate in 1653.1 654. THE NUMBER OF CONSTITUTIONS.-All the constitutions adopted in 1776-1780 have been discarded for new ones but that of Massachusetts, and that has been amended in important particulars. Then, in 1791, the new States began to swell the number of constitutions. Since the declaration of independence there have been promulgated in the 44 States, 111 distinct constitutions, either newly adopted or completely revised, and to them more than 200 amendments have been made at different times, of more or less importance.1 1 See Hitchcock: American State Constitutions, 13, 14. 655. THE LATER CONSTITUTIONS.-As a class, the later constitutions differ from the early ones in several features, of which the following may be particularized: (1) They are framed by constitutional conventions, or constituent assemblies, duly convoked and elected for that purpose. The first constitutions were all revolutionary acts. (2) They are submitted to the people for ratification by a popular vote. This had become the uniform rule until broken by Mississippi in 1890. (3) They are much more elaborate and complete. This is partly due to the increased complication of government and the increased complexity of society. For the rest, it may be attributed to popular jealousy of authority, and to a desire so to limit and qualify the powers of government as to prevent abuses. 656. AMENDMENTS.-The State constitutions make provisions for their own amendment. This involves the two steps of proposal and ratification. The first step is taken by the legislature; in some States a majority, in some three-fifths, and in some two-thirds of all the members elect are necessary for this purpose. A few States require the concurrence of two successive legislatures. In every State but one the ratification is by the popular vote. In some States a majority of all the votes cast at the election are required; in some a majority of those cast on this particular question suffices. The Rhode Island legislature must approve an amendment by a two-thirds vote of each branch after the people have approved it. In Delaware the ratification is given by the legislature succeeding the one that proposed the amendment. The legislature of New Hampshire cannot propose amendments, but they may submit to the people the question of calling a convention to do so. 657. CONSTITUTIONAL CONVENTIONS.-Many of the States provide for calling conventions to revise their constitutions. Some legislatures are required to submit the question to the people at stated periods: in New Hampshire the rule is once in 7 years; in Iowa, once in 10; in Michigan, once in 16; and in New York, Ohio, Maryland, and Virginia, once in 20. All constitutions framed by such conventions, and all amendments proposed by them, as well as those proposed by the legislatures, must be sent to the people for their approval. 658. THE DIVISION OF POLITICAL POWERS.-The National Constitution has the following features: (1) It delegates certain powers to the Union; (4) It expressly reserves to the States, or to the people, all such powers as are neither delegated to the Union nor prohibited to the States. 1 1 It has been explained in a previous chapter that the powers of the National government are delegated, the powers of the State governments inherent. 659. THE LIMITATIONS OF THE STATE GOVERNMENTS.It must not be supposed that the State governments possess and 1 Mr. C. G. Tiedman ("The Unwritten Constitution of the United States," 138) thus illustrates the constitutional provisions in regard to powers. "Circle A "Circle B 46 'Segment C "Outer Circle represents totality of governmental powers. powers delegated to the United States. equal powers reserved to the States. concurrent powers. 66 'Segment D = powers prohibited to both branches of goverment. "Segment E = powers prohibited to the States, but neither prohibited nor delegated to the United States. |