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Bursuey cae. —From the Declaration of Independence July 4, 1776 epee = Ss a ee de “ot tape - This volume is based on the book “Our Constitution and Government,” by Dr. Catheryn Seckler-Hudson, late Dean, School of Government and Public Adminis- tration, The American University, Washington, D.C. Revised 1966 by Dr. Robert E. Goostree, Profes- sor, Law and Government, The American University. *e THE UNITED STATES | OF AMERICA A Government ear ese MmeHe HQ Cs NO (0) Bon ,we9 ROW, SsuOS ACC. No.: TeoHe Tt opeooD, Boneaco-1 PRODUCED BY UNITED STATES INFORMATION SERVICE Contents CHAPTER PAGE i The Basis of the American Republic . . . ...  =  Government. . . . 42 x The Independent Agencies. . . . .. . . . 52 xi The Federal Judiciary*,-. = + . -) seep xii The State Government...”  eee eee Amendtpee tek ee pes oe The Basis of the American Republic T HE BULWARK for American democracy that has nourished and guarded the expansion and welfare of the United States for the better part of two centuries was established by a group of 55 leaders at Philadelphia, Pennsylvania, in 1787. In the spring of that year, this group of distinguished Americans from twelve of the original thirteen British colonies—now sovereign States—began a series of meetings to end a crisis in the affairs of the infant nation. Independence had been won six years before by the Revolutionary War, and the thirteen States had ratified by 1781 a compact for the common good called the Articles of Con- federation. But the intervening six years had shown that the Articles of Confederation had basic weaknesses. Consequently, in February 1787, the Continental Congress asked the States to send delegates to Philadelphia to revise these articles. This meeting or Constitutional Convention was formally opened May 25, 1787, in Independence Hall, the historic building where the American Declaration of Independence had been signed in 1776 and where the famous Liberty Bell had rung out the news. The deliber- ations of the 55 delegates ended September 17. What they pro- duced was the foundation of American democracy that still stands to this day—the United States Constitution. Though the 55 leaders gathered in Philadelphia represented popu- lations of different interests, and were, themselves, of varied back- grounds, pursuits and stations in life, they were agreed on their: objective. This objective is simply and briefly expressed in the preamble to the Constitution. This preamble stated: “We the people of the United States, in order to form a more perfect Union, establish justice, insure do- mestic 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 for the United States of America.” The means to these several ends was to be a government by, of and for the people; a government which functioned for, and with the consent of, the governed. Officials of this government were to be selected by popular vote and responsive to the will of the majority of the people. While a degree of self-government obtained in Eng- land at the time, this American concept of com- plete popular rule was revolutionary in terms of governments prevailing throughout the world. However, the people who went to the New World of North America to settle had, many of of them, left their homelands to escape oppres- sion of one sort or another, or to break loose from the set economic patterns of the continent which interfered with their chances of improv- ing their lot. They were confident of their abil- is ae peop ie ity to manage their own affairs and were wary nal of any move which might interfere with their freedom to do so. This conviction ran so deep that the State of Rhode Island did not send representatives to the Constitutional Convention in Philadelphia because of her fear that a strong na- tional government might curtail her independence. The people who were to elect and control the government estab- lished by the Constitution were of widely differing origins, beliefs and interests. While most had come from England, some had come from Sweden, Norway, France, Holland, Prussia, Poland and other countries. All had contributed to the settlement of the New World. Their religious beliefs were diverse and frequently strongly held. There were Roman Catholics, Anglicans, Calvinists, Protestant Dissenters, Huguenots, Lutherans, Quakers, Jews, and some agnos- tics. There were noblemen of wealth and power and poor debtors released from prison as indentured servants to work off their in- debtedness. There were farmers, traders, mechanics, merchants, mariners, soldiers, adventurers, ironmongers, shipwrights, weavers, carpenters and many others. As could be expected of a population which included all kinds of people who prided themselves on freedom of thought and independence of action, differences of opinion were numerous and sharp. The Revolution, which won the Colonies their independence from the British Crown, was opposed by a minority of the colo- nists. Elements of this opposition differed on their reasons for opposing the war of the Revolution, and disagreed over what alternative to war should be taken. The diverse character of the people of the United States has increased since that time. The people of the thirteen original States spread steadily a Clerks west across the continent. New citizens flowed into the country from across the oceans Parties of settlers crossed the Rocky Mountain chain and reached the shores of the Pacific Ocean—3,000 miies west of the coastal areas settled by the first colonists. The pioneers and those who followed occupied a region of vast natural resources. There was good crop and grazing land in abundance. There were vast stands of timber; deposits of coal, copper, iron and oil; and well-distributed water power. These resources were developed by people from many nations who brought to the new Nation not only their skills and technical knowledge but differing customs. As national development pro- gressed, special interests associated with their particular activities and _ their commercial environment developed. The shipowner in Boston who engaged in in- ternational commerce was an advocate of free trade. A manufacturer of pottery in the midwest State of Illinois, who was just making a start and meeting established competition from foreign potters, argued for an import duty to protect his product in the home market. The corn (maize) farmer in the State of Nebraska favored lower freight rates and good prices for corn, while the processor of starch wanted to buy his corn cheap, and the railroad operators wanted the best rates on freight that could be obtained. In later years there were also regional differences. The point of view of the New York banker often differed from that of the south- ern cotton grower and that of the Texas cattle rancher and the Oregon lumberman. In turn, none of the last three found much basic accord among themselves. The Republic established by the Constitution had to contain this infinite variety of interests and protect the fundamental rights of the people who espoused them. It had the purpose of drawing into a strong union a somewhat disparate group of thirteen colonies popu- lated by 4,000,000 people who were jealous of their local sovereignty. The extent of experience in self-government which existed at the time of the writing of the Constitution was helpful but hardly useful as more than a guide. The Congress set up by the earlier Articles of Confederation had the form of a Federal Government. But the powers accorded it were so limited that it could only suggest appro- priate action to the States on most matters of national importance. It had no authority to levy taxes, raise an army, or pass legislation binding on the States unless the latter individually and specifically approved. The few lines that were drawn to demark areas of au- ' thority between State and local governments were very loose. About .-- Carpenters 3 the only profit from the experience with this Confederation was a conclusive demonstration that it was one type of federalization which did not work satisfactorily. There was, however, considerable experience in self-government locally in towns and cities and States. City and township adminis- trations from Maine to Georgia had a valuable history of successful and effective operation. In the smaller towns of the northeast, com- munity decisions were made at town meetings, at which every fran- - chised citizen was expected to voice his opinion, if he wished, on any topic up for discussion, and then vote his convictions. Each of the States had a governor and State assembly, seated by popular vote. Compared with the present time, the administrative problem of- fered in post-revolutionary days in the United States does not appear difficult. However, the task of evolving and defining the principles on which the new Republic was to function in such form as to receive the acceptance and support of the people of the thirteen States should not be underestimated. And—beyond the problems of the moment—there was the future to be considered. While the authors of the Constitution could not anticipate and provide for two centuries of development, they foresaw great change. They therefore included in the Constitution an article providing for its amendment, should amendment be necessary. The passage of time has shown the wisdom of that action. Twenty-five amend- ments, since its ratification, have kept it modern and effective. In spite of the problems with which its drafters had to contend, the Constitution laid down a pattern of government which has, for more than a century and three-quarters, served the people well. Its basic elements were so soundly conceived as to apply to the relatively simple needs of the thirteen original States, as well as the complex and incredibly varied requirements of the present United States—with some 200 million people, 50 State govern- ments, approximately 3,100 county administrations, city organiza- tions numbering thousands, and approximately 90,000 other local government units. Some of the States have an area larger than many of the nations of Europe. Each State is divided into areas called counties, which are subdivided into smaller areas. There are cities, large and small. The great city of New York has a population of nearly 8 million and spends more than $2,750 million a year serving its people, among whom are persons from practically every nation in the world. A town in South Dakota has a popu- lation of six persons. Between these extremes are towns, villages and cities by the thousands. Each political subdivision has its local government, and within the area of powers specifically given it, each local government has sovereignty. Except under unusual conditions, the State govern- ment cannot interfere with the actions of a city or county adminis- 4 tration when the latter is acting within provisions of its charter. Similarly, certain powers are held exclusively by the States; and the Federal Government may not interfere with the States’ exercise of them. Questions frequently arise which are within the province of more than one governing element. In such instances, a program of joint action is usually worked out. The nation-wide system of public schools is largely under the jurisdictions of the individual States, but the Federal Government assists the States with cash grants- in-aid because literacy and the level of education is a matter of. national concern, as it is a concern of the individual States. There are many instances in which both the Federal Government and State administrations work with municipalities to provide low-cost housing and to clear slums. Periodically, government units differ among themselves as to the extent of their powers and jurisdictions. Such differences are referred to courts of law for hearing and decision or are settled by clarifying legislation. In spite of the United States’ unparalleled growth and develop- ment, the framework of its self-government, established by the Constitution, has met all tests and has returned real and lasting benefits. to the people of the United States. A Constitution Is Drafted and Ratified basic document of the United States Republic, was virtually unanimous on only one basic idea. Most delegates realized - that the need for an effective central government was imperative. In its six-year span, the Confederation of the thirteen original States had made a consistent record of failure and ineptitude. The effects of the absence of a central authority able to exert some interstate control were apparent. Evidence of separatism had begun to appear. There were manifestations of distrust among States which, unless checked, threatened serious friction in the future. The preoccupation with their own affairs shown by the States, to the exclusion and sometimes disadvantage of the Union, was a strong indication that, in case of attack, the necessary com- mon defense might be impossible to organize. There was, however, substantial difference of opinion on the extent of the power to be accorded the proposed Federal Govern- ment. Some elements in all the thirteen States were jealous of their new freedom and not inclined to place themselves under the domination of 2 central administration. Other groups pressed for the establishment of a strong central government with supreme powers in matters which concerned all the States. Besides this major point of difference, there were many others. Each delegate tended to give his first loyalty to his own State and its special interests. Each delegate also tended to protect the ma- terial interests of the group of people he represented—whether plantation gwners, small farmers, manufacturers, small tradesmen or workers. There were differences of custom and of political and religious beliefs Debate at. the Convention was unlimited. As it continued, certain common needs came to the surface which tended to override points of variance. The following points were clear: All States had suffered needlessly from the weaknesses of the Articles of Confederation. T HE CONVENTION which met to draft the Constitution, the All States had much the same needs and similar ideas about laws, freedom, and self-government. No State was safe from invasion by a foreign power. No State was strong enough to protect its foreign trade. No State, acting alone, could successfully settle the complex- ities of the American Indians’ affairs. No State, by itself, could improve the system of inland waterways. All States needed a good interstate network of roads for trade, travel and the postal service. The delegates argued controversial points, pleaded their special interests and discussed methods for four months. There were times when some feared that the Convention would bog down in a mire of words before reaching any objectives. A few delegates from the smaller States actual- ly walked out of the Convention because they feared that, under the ideas for a central govern- ment that were being formed, they would be under the thumbs of the larger States. However, a succession of compromises re- solved the differences. The fears of small States were allayed by giving them equal representation with the large States in one of the houses of Congress. Each State, regardless of size, would have two seats in the Senate. At the same time, a concession was made to the larger and wealthier States, which would pay the larger share of taxes to the Federal Government, by basing representation in the other part of the proposed Congress—the House of Repre- sentatives—on population. Moreover, it was agreed that the House of Representatives, where the larger States would have the majority of seats, would have sole power to originate legislation to raise Federal revenues. The delegates to the Convention who were shouldering the great responsibility of shaping the new democracy in lasting form in- cluded in their number colonial leaders of remarkable talents. Best known was George Washington, who presided at the Convention. He was a man of intellectual breadth and vision, and his experience as Commander in Chief of the Continental Armies had given him detailed knowledge of the peoples of the various States and their problems. Benjamin Franklin, a scholar, scientist, and able dip- lomat, exerted strong influence. So did James Madison of Vir- ginia, Gouverneur Morris of New York and James Wilson of Pennsylvania. Alexander Hamilton, a brilliant and aggressive 7 Debating the Constitution young Federalist from New York, was an eloquent pleader for a strong central government. These men and the other delegates borrowed their ideas from many sources. From the unwritten British constitution came many ideas and principles. The colonial charters were drawn upon liberally. These charters were familiar to the citizens of the new States and in many instances had their approval. The Declaration of Independence was an important guide in keeping to the original objectives of government—namely, service to the people and preser- vation of their fundamental rights. The State constitutions also were helpful as were the Articles-of Confederation which, if nothing else, aided in avoiding past mistakes. In addition, many of the delegates had well-developed ideas of their own on political forms of government. Political philosophers of other nations had their influence also. The writings of the Frenchman, Montesquieu, and the English philosopher, John Locke, suggested to Gouverneur Morris and some of the other delegates the idea of dividing the power of government among three distinct branches—legislative, executive, and judicial. After a long, hot summer of debate, Gouverneur Morris was asked to write a final draft of the Constitution. He completed this task in mid-September of 1787, and the document was submitted for the signatures of the delegates. Some of the delegates were absent and a few refused to sign. In total, 39 delegates affixed their signatures. One final step remained: to submit copies of the docu- ment to the individual States for their formal approval—called ratification. Ratification by nine States was required to make the proposed Constitution effective. It was clear from the time that the last delegate signed the Con- stitution that its ratification would not come about speedily or without opposition. Delaware was the first to act and its legis- lature approved unanimously, as did the legislatures of New Jersey and Georgia. Approval was given by comfortable majorities in Pennsylvania and Connecticut. In Massachusetts, the contest was bitter and the proponents of ratification—voting for an approving resolution which also proposed certain amendments—were victorious by a margin of less than 10 percent. Before the end of a year, Maryland, South Carolina and New Hampshire had given their approval, the total of ratifications had reached the required nine, and the Constitution went into effect. However, three pivotal and powerful States—New York, Virginia, and North Carolina—and the little State of Rhode Island still withheld their approval. Of the six-man Virginia delegation at the Convention, three had refused to sign the draft. The popula- tion of the State, largest in the Confederation, was sharply divided on the issue. But the influence of George Washington finally won 8 ratification by a narrow margin. In New York, Alexander Hamilton, James Madison and John J ay set out to change enough minds to bring about acceptance. They wrote 85 essays which marshalled reasons for adoption. These articles were collected and printed in book form, entitled The Federalist, and, even today, offer a valuable study of American government. Many students of history hold the three men re- sponsible for the three-vote margin, 30-27, by which the New York State convention ratified. North Carolina eventually approved. Rhode Island held out until the impossibility of her position as a tiny nation hedged in by the new Republic became apparent. She finally approved in May, 1790. Thus the basic document of a new type of government was drafted and adopted by the member States. It was completed after long and exhaustive debate, and many of those who supported it did so with strong reservations. The path of its acceptance by the States was beset with opposition and, after it had been voted into effect, there were many who still doubted the wisdom of adopting it. It is likely that the Constitution gained strength and effectiveness because it was not submitted as a final and perfect document, forever to remain unchanged, but as an instrument of self-govern- ment for a free people—an instrument which could be altered or added to according to future needs. After the Constitution was approved by the required nine States, the people began to organize the new Government. The first step was the election of the Congress. The members of the House of Representatives were elected by vote of all franchised citizens while members of each State legislature selected the State’s two United States Senators. The voters then chose a slate of leading citizens to serve as Presidential electors for their particular State. The electors convened to choose the first President of the United States and the first Vice President. New York became the temporary - eapital of the country, and in that city the hero of the Revolution and the leading statesman of the Union, George Washington, was sworn in to the Presidency on April 30, 1789. John Adams of Massachusetts was the first Vice President. The States of Mary- land and Virginia donated a section of territory for the capital of the Nation. A part of this area is now the District of Columbia, the seat of the National Government. By this process was established the United States of America, a Federal Republic. The governmental system of the United States is Federal because the States are permanently represented in the National Government, and share the powers of government with it. The form of government of Nation and States alike is that of a republic, since the principal officers of government are elective rather than hereditary. The Constitution: Source of Government Authority the fundamental law of the land and the source of power. It defines and limits the sphere of action of the National Govern- ment and assigns to its three branches—executive, legislative and judicial—specific duties and responsibilities. Through it, final authority is vested in the American people—the voters. By the elective or the appointive process, the people give to their officials the powers required to carry out the duties of their offices. Officials, regardless of position, can be ousted from their offices through recall or impeachment—proceedings reserved for serious cases of incompetence or malfeasance. Or; through subsequent use of their ballots, the people can return their officials to office or put other men in their places. The Constitution also includes guarantees of primary individual rights and privileges which cannot be abridged under any circum- stances by either the National Government or the States. A major part-of the original Constitution provides for the estab- lishment of the Federal system. Subjects on which the Legislative Branch can make laws are listed. The-powers and duties of the President, as head of the Executive Branch, are described, including his power to deal with foreign nations, to appoint ambassadors, ministers and consuls, and to receive representatives of other na- tions. A system of courts, under a Judicial Branch, is provided: le THE AMERICAN governmental system, the Constitution is 10 THE PRINCIPLES OF GOVERNMENT Besides these provisions, the Constitution embodies the following important principles of government: The three main branches of government—the legislative, which originates and passes the laws; the executive, which operates the government and administers the laws; and the judicial, which in- terprets the laws and settles disputes—are declared separate and distinct from each other, set up to represent the people as indi- vidual branches. The authority given each is deliberately limited to prevent one becoming dominant through acquiring too much power. This parity of status places each in the position of being a check on the others. The Constitution, laws properly passed by the Congress and treaties agreed to by the President and approved by the Senate are the supreme law of the land. All men are equal before the law and have equal rights to its pretection. All States are equal and no State shall receive special favors from the National Government. Each State must recognize and respect the laws of the other States. Each State is guaranteed a republican form of government, with final authority vested in the people. The people delegate powers of government to elected representatives. The people of the Nation shall always have the right to change the Constitution itself through the action of their representatives in Congress and the approval of the proposed change by three- fourths of the States. PROVISIONS FOR AMENDMENT The authors of the Constitution, aware that changes would be needed from time to time if the Constitution were to endure and keep pace with the growth of the Nation, still did not want to make the process of change so easy that an amendment could be made quickly, without mature consideration and the approval of a large majority of the people. They also wanted to avoid procedure that would aid a minority group seeking to block a desirable change. Consequently, a variety of methods by which the Constitution could be amended were devised. The Congress, by a two-thirds majority in each house, may initiate an amendment. Application may be made to the Congress by the legislatures of two-thirds of the States to call a national convention to discuss and prepare a requested amendment. In either procedure, before the amend- ment becomes effective it must have the approval of three-fourths of the States. Further, when the amendment goes to the States for final approval, the Congress has the alternative of directing State 11 legislatures to decide the question, or of ordering the States to hold special conventions made up of delegates elected by the people to act on the issue. Besides this direct method of adapting the Constitution to new circumstances, its application can grow in other ways. Judicial interpretations applying Constitutional principles to new national needs are a leading factor in this expansion. The handling of radio, television, telephone and telegraphic communications, the adminis- tration of railroads and airways, and many other developments which involve national and interstate interests, have been guided by and actually based upon the principles enunciated by the Con- stitution. A succession of court decisions, explaining the meaning of various sections of the Constitution as they apply to particular disputes and developments, has resulted in the creation of a well- integrated structure of Constitutional law. This, in effect, broad- ens the document and gives currency and detail to its funda- mental principles without altering the letter or the spirit of the original document. Legislation passed by the Congress adds up to a very great body of law which has the text and directions of the Constitution for its foundation. Because laws passed by the Congress—to implement the directions of the Constitution or adapt principles to new situa- tions—are of a broad and general nature, the agencies of the Gov- ernment charged with administering them must make interpretive rulings when applying them. These rulings have the force of law until the Courts act upon them. They represent an extension of Constitutional growth and affect many segments of the population. Today there are many agencies of Government in the United States and, of course, a vast structure of laws and regulations for which specific need was not foreseen by the Constitution’s authors. The future may bring many more such changes. But all these meet Constitutional tests. They must—in the opinion of the Gov- ernment’s Judicial Branch—be within Constitutional intention and ‘ purpose. Occasionally the Judicial Branch declares acts of Con- gress and of individual States, officials, and minor courts to be unconstitutional and invalid because they conflict with the basic documents, provisions. ; THE BILL OF RIGHTS In the course of the direct expansion and adaptation of the Constitution, 24 amendments have been adopted. The first ten, called the Bill of Rights, were high up on the agenda of the First Congress and were quickly passed. (A new Congress comes into being every two years through election of the whole membership of the House of Representatives, and each is identified by the order 12 of its election.) The Bill of Rights specifically guarantees certain individual freedoms which the First Congress did not think adequately covered by the arti- cles of the Constitution itself. From the failure of the draft of the proposed Constitu- tion to guarantee specifically these freedoms stemmed much of the opposition to its origi- nal ratification. The matter came in for great debate when the Massachusetts delegates con- vened to approve the document produced by the Philadelphia convention and resulted in the Massachusetts leaders serving notice of their intention to remedy the defect by amendment at the earliest opportunity. The ten amendments comprising the Bill of Rights are the bed- rock of the individual liberties which have been jealously guarded in the United States for more than a century and a half. The First Amendment guarantees freedom of religious worship, of speech, and of the press, and the rights of peaceable assembly, and of petitioning the Government. The Second Amendment guarantees the people the right to have weapons. The Third Amendment guarantees that troops shall not be quar- tered in private homes without the owners’ consent. The Fourth Amendment guarantees that there shall be no search or seizure of persons, houses, goods, or papers without a search warrant. The Fifth Amendment forbids the trial of any person for a major crime, except after indictment by a grand jury; prohibits repeated trials for the same offense; forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself. Nor may property be taken for public use except at a fair price. The Sixth Amendment orders speedy and public trial of persons charged with criminal offenses in the district where the crime was — committed; requires trial by an un- biased jury after a plain statement of the accusation; guarantees coun- sel for the accused and provides that witnesses for the accused shall be compelled to attend the trial, and that all witnesses shall testify Trial by jury in the presence of the accused. The Seventh Amendment provides a right to trial by jury for lawsuits involving anything valued at more than twenty dollars. 13 The Eighth Amendment forbids setting of excessive bail for per- sons involved in criminal proceedings, the levying of excessive fines, and cruel or unusual punishments. The Ninth Amendment states that rights not specified in the Constitution are not therefore taken away from the people. - The Tenth Amendment declares that powers not delegated to the United States, nor prohibited by the Constitution to the States, are reserved to the States or to the people. VITAL PROTECTION FOR INDIVIDUAL LIBERTIES The significance of these amendments is evident. The safeguards they offer to the liberty of the individual protect against oppressive or dictatorial government. As the demo- cratic ideal has spread throughout the world, many peoples have modeled their new constitutions after the American document and the Bill of Rights. Even in the emergencies of war, when extraor- dinary powers are accorded the Execu- tive Branch of the Government and cen- sorship of information being sent out- side the country is necessary for reasons of security, the freedom of the United States press and of its individual citizens to criticize Government policies and decisions has rarely been limited. Occasionally, groups or individuals who oppose Presidential ac- tions exercise their right of assembly by carrying their protests to the door of the White House in Washington, where they become placard-bearing pickets. The only official notice: taken is the ass- ignment of several policemen from the District of Columbia force to protect the picketers from interference and to prevent them from discommoding other citizens using the sidewalk. Under the American Bill of Rights, a person accused of wrong- doing is given every opportunity to defend himself. He is re- garded as innocent until proved guilty at a trial which is fairly and openly conducted. Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. Among these is the Fourteenth Amendment, ratified in 1868, by which many of the guaranties of individual liberty contained in the Bill of Rights have also been guaranteed against State action. By other amendments the judicial power of the National Government was limited, the method of electing the President was altered, slavery was forbidden, the right to vote was protected against denial because of race, color, previous con- dition of servitude, or sex, the Congress’ power to tax was ex- Free speech 14. ~~ } tended to incomes, and the election of United States Senators by popular vote was provided. The Eighteenth Amendment prohibited the sale of intoxicating beverages in the United States and was subsequently repealed by the Twenty-first Amendment. The Nineteenth Amendment gives women the right to vote and the Twentieth realigns the dates on which the terms of office of the President, Vice President, Senators and members of the House of Representatives begin and end. The Twenty-second Amendment limits the President to two terms of office. It further provides that a Vice President or other suc- cessor to the Presidency may not be elected more than once if he has served more than two years of the term to which he succeeded. The Twenty-third Amendment gives the people of the District of Columbia the right to vote for President and Vice President, and was declared a part of the Constitution on April 3, 1961. The Twenty-fourth Amendment prohibits any poll tax as a pre- requisite for voting in a national election. It was ratified Jan- uary 23, 1964. The Twenty-fifth Amendment, ratified February 10, 1967,designates the Vice President as Acting President when the President is phy- sically or mentally unable to carry on the duties of his office. It also authorizes the President to nominate a Vice President, with Congressional assent, if the Vice Presidency becomes vacant. It is of the greatest significance that of twenty-five amendments, no less than seventeen provide for guaranties of individual civil or political liberties. Two others, the Eighteenth and Twenty-first, cancel each other. Only six have been deemed necessary to make fundamental changes in the scheme of organization and powers drafted in Philadelphia by the Constitutional Convention. Thus it is demonstrated both that the founders did their work well and that a continuing process of protection of individual rights and expansion of democratic political rights has taken place. The Constitution and the amendments to it, of themselves, com- prise a record of popular self-government which shows both virtues and faults. They also demonstrate that sound principles of admin istration can be adapted to any set of conditions which may arise, provided that the people—who hold the reins of power—shoulder their responsibilities and work together in a spirit of compromise and cooperation. The articles of the Constitution and all the amendments are printed in the appendix of this book. 15 The Responsibilities of Citizenship democracies proves, privileges and freedoms of self-govern- ment are accompanied by the duties and responsibilities of citizenship. The citizen is obligated to finance his government through payment of taxes. It is his duty to obey the laws and regulations in whose making he, himself, has participated. This is a passive phase of the responsibility of citizenship. There are other requirements, equally pressing, of a more active nature. Foremost among active responsibilities is the wise use of the power of the ballot. Intelligent voters keep in mind the democratic principle of the greatest good for the greatest number. In decid- ing how he will cast his vote, the citizen has the duty of keeping himself well informed on matters of community interest—on the question of improving a street in the town in which he lives, for instance, and on national issues which involve the: course of his country in future years.. In time of emergency, able-bodied men and women offer them- selves for military service to defend the Nation. During World War II, leading United States citizens with particular knowledge or capacities, who were unfit for military duty, gave their services to the Government to help in converting industry to arms produc- tion. Throughout the Nation, thousands of others served without compensation on local boards inducting men into the services and performing other patriotic duties. In peacetime, the desire of the American citizen to serve is re- flected in numerous community, civic, State and national activities. Individuals voluntarily join neighborhood associations which play influential roles in deciding civic matters. Parent-Teacher Asso- ciations work with school boards on issues affecting the school system and educational policy. Other organizations, some of them national in scope, discuss current problems and then take a public N S THE HISTORY OF THE UNITED STATES and other 16 stand—a procedure which has often had a marked effect on the action of elécted public officials. Besides those who make politics their life work, there is a grow- ing body of citizens who are making careers of government. ad- ministration. These people, through study and experience, have become expert in some of the many fields subject to governmental action. Many United States cities have nonpolitical professional managers as the chief executives of the city administrations. In addition, increasing numbers of men and women who have been outstandingly successful in private business are entering public service as a patriotic duty.. The Federal, State, county, and city court systems draw their juries from the citizenry. The so-called grand juries, special bodies with extraordinary powers, are comprised of citizens who have been selected because of demonstrated capacities of community leader- ship, intelligence, and experience. The grand juries inspect evi- dence presented by public prosecutors against persons charged with criminal acts and decide whether the charges warrant indictment and trial, or whether the suspect shall be freed. This responsibility and service, while serious, is of less moment than the grand juries’ almost unlimited power of investigation. They are empowered, if they feel the situation warrants the action, to investigate any con- dition suspected of criminal or corrupt aspects. They can force the appointment of special prosecutors, satisfactory to themselves, to direct investigations. They can compel any public official to appear before them for examination under oath. REQUIREMENTS FOR CITIZENSHIP But, since the final authority and the supreme power in a democ- racy rest with the ballot and the person who casts it, the greatest privilege and responsibility of citizenship is the vote. And because no one can vote who is not a citizen, it is worth while, first, to cite the qualifications of citizenship. All persons born in the United States and subject to its jurisdic- tion are citizens of the United States and of the district wherein they reside. Under certain conditions, children born to American parents while traveling or living outside the country also are citi- zens. The Congress also has passed laws according citizenship to the people of Puerto Rico, Guam, and the Virgin Islands. NATURALIZATION A person born in a foreign country may become a citizen through naturalization. There is no compulsion for an alien to become naturalized, nor is he penalized for not doing so. There are over 17 two million noncitizens now resident in the United States who enjoy the same freedom of thought and action as citizens, who may send their children to the public schools, and receive the benefit of various community services. However, there are drawbacks to alien status. Some jobs are open only to citizens, and in some States citizenship is required of applicants for licenses to practice law or medicine. A noncitizen is often excluded from the advantages offered by laws designed to aid the old, the sick or the unemployed. He is barred from holding either elective or appointive public office. To be eligible for naturalization, a person must be at least 18 years of age. According to the Immigration and Nationality Act of 1952, the person must have been legally admitted to the United States, have lived in the Nation for five years, and in the State in which he applies for at least six months. He may not be natu- ralized if he is or has been opposed to organized government, or if he has been a Communist within ten years of the date of the filing of his petition. The person must then make application to file a petition for natu- ralization to the Immigration and Naturalization Service of the Department of Justice. That agency will then notify the appli- cant when and where he is to appear for his examination. An officer of the agency will then aid the applicant in filing his petition with acourt. In this petition, the person states that he (or she) is not against organized governments, wholeheartedly believes in the principles of the Constitution of the United States, and gives up allegiance to any foreign king, ruler, government or country. The person further swears to support and defend the Constitution and the laws of the United States against all enemies outside or inside the country. At the time of signing this petition, two American citizens, known to be truthful, swear that they know the applicant has ful- filled residence requirements, is of good moral character and is attached to the principles of the Constitution of the United States. The petitioner and his witnesses are then questioned by an exam- iner of the Immigration and Naturalization Service of the Depart- ment of Justice, to make sure that the applicant is qualified. The final step is taking the oath of allegiance. By law, 30 days must elapse between this step and the swearing to the petition. If the judge of the court is satisfied that the applicant is fitted for citi- zenship, he administers this oath of allegiance, and signs the order granting naturalization. As evidence of his new status, the new citizen is given a certificate of naturalization. Under ordinary cir- cumstances, he can then vote and take an active part in government. 