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convict the person impeached. The judgment of conviction carries with it removal from office and disqualification to hold any office of honor, trust, or profit under the State. Whether convicted or acquitted by the Senate, the person is liable to indictment, trial, and punishment in the ordinary courts according to law.'

Questions on the State Judicial Department.

1. What are the functions of courts?

2. How many Justices or Judges in the State Supreme Court? 3. For how long are they elected?

4. When are they elected?

5. What is the salary of each?

6. Who may vote for Justices of the Supreme Court?

7. What are the names of the present Justices, and who is Chief Justice?

8. What is an impeachment?

9. Who constitute the State court of impeachment?

10. Describe the trial under articles of impeachment.

11. What are the penalties of conviction?

12. How many Superior Judges in your county? What are their


1 Cal. Const., Art. IV., Sect. 17, 18.





48. The Constitution of the United States establishes the framework of the government, and sketches in outline the functions of the various parts of the governmental machinery. It seldom goes into detail, but confines itself to giving general directions, to laying down general principles. The details are, as a rule, to be supplied by statutes enacted by Congress, which is established by the Constitution as the legislative body of the Union. While in this way the foundations and great principles of government are firmly fixed by the Constitution, ample opportunity is left for the free growth of all necessary institutions.

49. Formation of the Constitution.-The Constitution was formed, in 1787, by a general convention which represented the people of all the States, and it was adopted by special representative conventions in all the States.'

50. Amendments to the Constitution.—There are two methods provided for proposing alterations or amendments to the Constitution. Congress itself, either by a vote of two thirds of the members of each house proposes amendments, or, on the application of two thirds of the Legislatures of the several States, calls a general convention for framing and proposing amend1 U. S. Const., Art. VII.

ments. Amendments having been proposed in either one of these two ways, Congress submits them for adoption either to the Legislatures of the States or to special conventions in the States; and then, upon their being ratified by three fourths of the Legislatures or of the conventions, as the case may be, they become a part of the Constitution.'

There has been no general convention since the one which framed the Constitution in 1787, and all the fifteen amendments that have been made to the Constitution subsequently have been proposed by Congress and ratified by the State Legislatures. The only limitation now existing upon the power of amendment is that no State shall, without its consent, be deprived of its equal suffrage in the Senate.'

51. The Supreme Law.-The Constitution declares that "This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges, in every State, shall be bound thereby, anything in the Constitution and laws of any State to the contrary notwithstanding."

From this we see: (1) That the Constitution is the fundamental law, supreme as it stands, and unchangeable except by the proper course of amendment: “ a law for rulers and people, equally in war and in peace, covering with the shield of its protection all classes of men, at all times and under all circumstances." (2) That a law of the United States, in order to be the supreme law, must be made in pursuance of the Constitution; that a treaty, in order to be the supreme law, must be made under authority conferred by the Constitution.

1 U. S. Const., Art. V.

3 U. S. Const., Art. VI., Par. 2. 2 U. S. Const., Art. V., last clause. Supreme Court of United States.


A law is not superior to a treaty, nor a treaty to a law; if they relate to the same subject, and are inconsistent with each other, the one that is later in time supersedes the earlier. (3) That a State law must yield to the supreme law, whether the supreme law is expressed in the federal Constitution or in constitutional laws and treaties of the United States.

Questions on the Constitution of the United States.

1. What is the Constitution of the United States?

2. When was it formed and when did it go into operation?

3. By whom was it formed and by whom adopted?

4. How may it be amended?

5. How many amendments have been added to it?

6. What is the wording of the provision of the Constitution referring to the "supreme power?"

7. What is the meaning of the provision?



52. Congress.-The law-making power is lodged, just as in the States, in a double Legislature called Congress, consisting of a House of Representatives and a Senate.1

There is an essential distinction between these two parts of Congress, and they represent different principles. The House of Representatives is a body of persons chosen from each State, the number depending upon the population of the State. The larger a State's population, the greater its number of Representatives in the House. This house represents, then, the people, but yet the people divided into States. In the Senate, on the other 1 U. S. Const., Art. I., Sect. 1.

hand, each State has the same number of members, namely, two. The Senate, then, represents the principle of State equality, or, as it is called, the federal principle; while the House of Representatives represents the national principle.

53. House of Representatives.-The House of Representatives represents, as we said, the people of the United States by States. The number of Representatives is determined by Congress, and is re-apportioned every ten years on the basis of the latest census.1 The Constitution directed that the number of Representatives should never exceed one for every thirty thousand inhabitants in a State. After making provision for the number of members in the first Congress, it left to Congress to re-apportion in future the number every ten years. The number of members has steadily grown, from sixty-five in 1789 to three hundred and thirty in 1890, and the ratio of the apportionment has decreased from one for every thirty-three thousand to one for every one hundred and fifty-four thousand three hundred and twenty-five.

It is provided, however, by the Constitution, that every State, even though it do not have a population as large as the ratio of apportionment, shall have one Representative in Congress. There are several States, which not having a population of one hundred and fifty-four thousand, have nevertheless one Representative in Congress.


54. Qualifications of a Representative.—A person to be elected a Representative must be at least twenty-five years of age, must have been a citizen of the United States for seven years, and must be at the time of his

1 U. S. Const., Art. I., Sect. 2, Par. 3; and Amend. XIV., Sect. 2.

2 U. S. Const., Art. I., Sect. 2, Par. 3.

3 U. S. Const., Art. I., Sect. 2, Par. 3.

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