The Importance of State Governments. State governments occupy a very important place in the American system of government. The United States Government has the highest of governmental functions, but the state governments possess the most, and these include duties which affect the everyday life of the citizen. "An American may, through a long life, never be reminded of the Federal Government, except when he votes at presidential and congressional elections, buys a package of tobacco bearing the governmental stamp, lodges a complaint against the post office, and opens his trunk for a custom-house officer on a pier at New York when he returns from a tour of Europe. His direct taxes are paid to officials acting under state laws. The state or local authority constituted by state statutes registers his birth, appoints his guardian, pays for his schooling, gives him a share in the estate of his father deceased, licenses him when he enters a trade, marries him, divorces him, entertains civil actions against him, declares him a bankrupt,1 and hangs him for murder. The police that guards his house, the local boards that look after the poor, control highways, impose water rates, manage schools all these derive their legal powers from the state alone."

In the division of powers between state and nation, certain matters of national interest were given to the nation; all other powers belong to the states. "He who asserts the power of a state legislature to pass an act or establish an institution has not to prove it; but he who denies the

'Written prior to the passage of the United States bankruptcy

acts.

'Bryce, "American Commonwealth,” pp. 425, 426.

power must cite some clause of the Constitution forbidding it."

The Bill of Rights. The bills of rights in the constitutions of the original states were adopted when the fear of governmental oppression was strong. Later constitutions have included bills of rights with such changes as circumstances might suggest. The principles of the bills of rights are not new; they are the common heritage from Magna Charta, the Habeas Corpus Act, and the Bill of Rights of England.

Among the expressed or implied provisions of a state bill of rights the following are commonly found:

I. Freedom of the press and speech shall not be denied. The abuse of this freedom, such as incendiary speech that tends to arouse rebellion and abusive and indecent language, is punishable.

2. Religious liberty is guaranteed. Persons are not to be interfered with for worshiping according to the dictates of their own consciences. However, they may not commit a crime under the plea of religion; religious freedom does not legalize polygamy, or any other crime. Religious opinion shall not debar from any political offices, though some of the older states make belief in God requisite for holding some state offices. There shall be no union of state and church.

3. Private property shall not be taken for public use without just payment.

4. No bill of attainder or ex post facto (after the act) law shall be passed. A bill of attainder is a legislative act whereby a person may be condemned without trial. An

ex post facto law is one which makes an offence committed before the passage of the act punishable in accordance with the provisions of the act.

5. The writ of habeas corpus (you may have the body) shall not be denied unless in case of rebellion or invasion. This writ may be secured in behalf of the prisoner. It is directed to the person responsible for the detention of the prisoner, and commands him to produce the prisoner at a stated place and time for examination. This important writ prevents imprisonment without trial.

6. Trial by jury is guaranteed to persons accused of crime, and may be demanded in certain civil cases.

7. Certain rights are secured to persons accused of crime. No person accused of crime may be compelled to testify against himself; excessive bail shall not be required; no cruel or unusual punishment shall be inflicted.

QUESTIONS ON THE TEXT

1. Describe three kinds of colonial government, and state under what variety each of the thirteen colonies was at the time of the Revolutionary War.

2. Give an account of the origin and power of the colonial legislatures.

3. What changes were made in government when the colonies became states?

4. Compare the advantages of written and unwritten constitutions.

5. Describe two ways in which a state constitution may be amended.

6. Show the importance of the functions assigned to state gov

ernments.

7. What are the usual contents of a state bill of rights?

8. Define a bill of attainder, ex post facto law, and writ of habeas corpus.

QUESTIONS SUGGESTED BY THE TEXT

1. When was the present constitution of your state adopted? When was it amended?

2. The Constitution of the United States gives power to the Supreme Court to pass upon the constitutionality of a law; this is generally regarded as an original provision of our national Constitution. Do you find anything similar to this in colonial experience?

3. Of what value is a bill of rights?

4. Consult a good history of England on. Habeas Corpus Act, Magna Charta, and Bill of Rights. Of what importance are these English acts to us?

5. Why may it be necessary to suspend the writ of habeas corpus during war?

CHAPTER VII

STATE GOVERNMENTS (Continued)

The Executive Department.

The governor is the chief executive of the state. His position is one of great responsibility and dignity, notwithstanding the fact that a majority of the minor state executive officers are elected by the people and are therefore responsible to the people rather than to the governor. Though primarily an executive officer, the governor performs judicial functions when he pardons a criminal, and legislative functions when he vetoes a bill. The duties of a governor may be classified as follows:

I. At the beginning of each season of the legislature, and at any other time when he thinks it necessary, the governor sends a message to the legislature. This message describes the condition of the state and recommends any legislation which the governor thinks desirable.

2. He may call special sessions of the legislature. 3. In all but three1 states he may veto a bill.

4. He has the power to appoint a number of the less important state officials; often this must be done subject. to the approval of the senate.

H

5. The governor is commander-in-chief of the state militia. In case the local authorities are unable to enforce law and order, they may appeal to the governor for troops. 'Rhode Island, North Carolina, and Ohio.