Слике страница
PDF
ePub

which the new government assumed the debts of the confederation.

What is declared to be the supreme law of the land? What officers are required to be bound by oath to support the constitution?

ARTICLE VII.

The ratification of how many states was necessary for the establishment of the constitution between the states ratifying it?

Questions on the Proceedings in Convention.

What states were represented in the convention which formed the constitution?

What did the convention resolve, as to the mode by which the constitution should be ratified? To whom was each convention ratifying it, to give notice?

What did the convention resolve should be, in their opinion, the method of organizing the new government?

Who addressed a letter to congress by order of the convention, on submitting to their consideration the constitution? What powers, does that letter say, it has long been the opinion of the friends of the country, should be

vested in the general government? Why was it not proper that such powers should be vested in the old congress?

Remark. We find here intimated the reason of distributing the powers of the government among the three different departments, the legislative, the executive, and the judicial, and also of dividing the legislative department into two houses. All these different departments, while each is best suited for the performance of the peculiar duties assigned to it, operate as checks upon each other. Had all the powers of the government in one consoli. dated mass, been vested in a single body of men, the most odious tyranny might have been the consequence.

What was the great difficulty with which the convention met in forming the general gov. ernment?

Of what spirit is the constitution declared to be the result?

Questions on the Amendments to the Constitu

tion.

When were the ten first amendments propo

sed by congress? What induced congress to propose them?

Remark. One of the objections brought against the constitution when it was proposed to the people, was that it contained no bill of rights, that is, no declaration of the essential rights and privileges reserved to the people. This was not srictly true, provisions being made in it against bills of attainder, ex post facto laws, the granting of titles of nobility, and in favor of the right of trial by jury and the privilege of the writ of habeas corpus. Yet, so jealous were the people of their liberties, these provisions were deemed insufficient. Further restrictions upon the powers of the general government were therefore made. The ten first amendments sufficiently indicate of themselves, by what a careful regard to republican principles and to popular rights, they were dictated.

ARTICLE I. What restrictions upon the power of congress are made in this article?

ARTICLE II. What right of the people does this article declare shall not be infringed?

ARTICLE III. What are the only conditions on which a soldier can be quartered in any house?

ARTICLE IV. Recite the provision of this article against unreasonable searches. What restriction is placed upon the issuing of search warrants?

ARTICLE V. What are the only cases in which a person can be held to answer for a capital or otherwise infamous crime, without indictment or presentment of a grand jury?, How many times can a person be put in jeopardy of life or limb for the same offence? In what cases cannot a person be compelled to be a witness against himself? What is the only process by which a person can be deprived of life, liberty, or property? What provision is made in regard to taking private property for public use?

ARTICLE VI. Recite the provisions made in this article in favor of persons accused of crimes.

ARTICLE VII. What is the value in controversy beyond which, in suits at common law, the right of trial by jury is preserved? What is meant by "common law?" Ans. It is the law which consists of maxims and customs deriving their force as law from immemorial usage.

Remark. The common law is called the

lex non scripta, unwritten law, in distinction from statute law, which is termed lex scripta, written law. It is, however, contained in books which relate what customs and usages are become the law of the land. Statute law is necessarily written. The common law has been collected into books for convenience; but it would be law just as truly if it were not so collected. It grew up in England, and constitutes the great body of the English law at this day. It has been adopted with such modifications as were necessary to suit it to our circumstances in all the states of this union except Louisiana. This state, like France and Spain, to whose dominion it was as a colony subject, has like them, the Roman or civil law as the basis of her jurisprudence. Since its cession to the United States, however, jury trials have been introduced, and portions of the common law adopted by statute.

By the rules of what law alone, can any fact tried by a jury be re-examined in the courts of the United States? In what cases do the courts of the United States not proceed according to the rules of the common law? Ans. When sitting as courts of admiralty or as courts of equity.

« ПретходнаНастави »