these States that the Constitution of the United States was adopted. This Constitution provided, further, for the formation and admission of new States into the Union. As we know, the number of these States has been so increased that there are now forty-four States as constituent members of this Union. This Constitution, again, by its tenth amendment, declares that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." What the powers are that are "delegated to the United States" we saw in Part III. We may say here, however, that they are only such powers as are necessary for the existence, preservation, and well-being of the nation as such. And the powers which are "prohibited to the States" are only such as would, if exercised by a State government, tend to interfere with the successful working of the national government. All other powers are "reserved to the States or to the people."

172. Powers Prohibited to the States.-The powers which the Constitution of the United States forbids the States to exercise are the following: No State shall enter into any treaty, alliance, or compact; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of Congress, lay any duties on imports or exports, or any duty of tonnage; keep troops or ships of war in time of peace; enter into any agreement with another State or with a foreign power; engage in war unless actually invaded or in such imminent danger as to admit of no delay.

173. Powers Reserved to the States.-"Compared with the vast prerogatives of the State Legislatures, these limitations seem small enough. All the civil and religious rights of our citizens depend upon State legislation; the education of the people is in the care of the States; with them rests the regulation of the suffrage; they prescribe the rules of marriage, the legal relations of husband and wife, of parent and child; they determine the powers of masters over servants, and the whole law of principal and agent, which is so vital a matter in all business transactions; they regulate partnership, debt and credit, and insurance; they constitute all corporations, both private and municipal, except such as specially fulfill the financial or other specific functions of the federal government; they control the possession, distribution, and use of property, the exercise of trades, and all contract relations; and they formulate and administer all criminal law, except only that which concerns crimes committed against the United States, on the high seas, or against the laws of nations. Space would fail in which to enumerate the particulars of this vast range of power; to detail its parts would be to catalogue all social and business relationships, to examine all the foundations of law and order."* The sovereign character maintained by a State is shown in the fact that a State, by its Constitution, refuses to permit itself to be sued by a private individual in the federal courts or except by special concession in the State courts.

174. State Constitutions.-Now, the exercise of the powers of the State is provided for in the State Constitution. The Constitution of a State is formed by delegates of the people of the State meeting in a convention. After the Constitution is thus framed, it is submitted to *Wilson, The State, p. 437.

the vote of the qualified electors of the State and adopted by them. It thus rests for its authority on the voice of the people, and is a permanent expression of the will of the people. It establishes the framework of the government. It provides for a legislative department for the making of laws on the whole vast range of powers left with the States. It provides for an executive department for enforcing the laws, and a judicial department for their interpretation and application. It enumerates the more important rights of the people. It prescribes the qualifications for suffrage. It organizes the State into local districts, such as counties, and provides for the incorporation of cities and towns.

CHAPTER XIX.

THE FORM AND NATURE OF GOVERNMENT IN THE UNITED STATES.

175. Meaning of Government.-What we mean by government is the ruling power in a State or nation. And by ruling power we mean the authorities in whom is intrusted by law the power to regulate the general affairs of the people, in order that the purposes of government may be carried out.

176. Different Forms of Government.-Government may have various forms. These forms, of which only the three principal ones need be mentioned, are distinguished from one another by the number and character of the persons constituting the ruling power. Thus (1), a monarchy is the form of government where one person holds the ruling power; (2) an aristocracy is a form of government where a particular class of the population, relatively small in number, conducts the ruling power; and (3) a democracy is a form of government where

the whole population, or a majority, or, at least, a relatively large proportion of the population, holds the ruling power.

177. A Representative Democracy, or Republic. Now, the government of the United States is a democratic form of government. That is to say, the determination of the conduct of the general affairs of the people lies with the majority of the people themselves. But it is impossible that the people should be able themselves, directly, to attend to the vast number of public questions that arise. Consequently, they choose agents or representatives to attend to these public questions for them. The form of government of the United States then becomes known as a representative democracy, or republic. This means that the people themselves choose their agents or representatives, and that these representatives attend to the affairs that constitute the purposes of government, but that the people do not undertake to manage these affairs directly. The people having established the form of government, all power rests ultimately with the people, but the work of carrying on the daily affairs of government they intrust to their representatives. By accepting the offices of government, these agents or representatives become responsible, for the proper discharge of their duties, to the people who elected them.

178. A Federal Republic.-But this is not all. There is a further division of labor in the government of the country. The existence of "States" is recognized, and each of these States has within itself a government. These two governments, one of the State and one of the nation, supplement each other, and together make one complete government. This result of making these two governments fit into each other, together making one

complete government, is accomplished by giving to the national government, through the Constitution of the United States, only the powers that are necessary for preserving the nation as such and promoting its general interests. All other matters are left to the State governments. These State affairs do not concern the nation as such, but refer to such things as the protection of the life and property of individuals, and the regulation of the rights and relations of individuals to each other. The national government, as to the powers which are confided to it, exercises them over the whole nation; any particular State government exercises its powers only within the boundaries of the State. There are forty-four State governments; there is but one national government. Now, this division of the functions of government between the national and State governments, gives a new character to our form of government. This character is expressed by the term federal. The application of this term federal to a government signifies that it is an indissoluble union of States, whereby the powers that are national in their character are intrusted to one, the national government, and other powers are reserved to the other, or State governments. So, to make a complete description of our form of government, we shall have to say that it is a federal representative democracy, or federal republic. By saying that it is a democracy, we mean that the power of governing, or determining the manner of governing, lies with the people. Thus, the people of all the States adopted the Constitution of the United States, the instrument which determines the mode in which the government of the United States shall be carried on; and the people of all the States choose, from time to time, the President and the Congress of the United States as their agents or representatives for carrying on the government; that is, for managing the affairs of the nation. Likewise,