Lawrence High School - Lawrencian Yearbook (Falmouth, MA)

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8 The Lawrencian weaknesses of the plan was illus- trated. In reality, the Articles betrayed the frantic way in which they had been compiled. They contained many weak points, two of which subse- quently caused the Confederation’s downfall. First, the Articles failed to grant the central government any power of direct taxation, forcing it to depend, for its revenue, entirely on the good graces of the States to collect the taxes that Congress demanded. Under the Articles, Con- gress alone had the power to de- mand the States to pay such taxes, but no one had the power to force them to do so. This fact was due to the second defect in the Articles. The government did not have the power to enforce the laws it passed, nor to demand obedience to them. The Articles provided for no judicial department to punish offenders of the law, and it may be believed that the States took advantage of this defect. It was a sad state of affairs. A heavy public debt had been incur- red by the recent war, but it was clear, from the beginning, that the obstinate States had no intention of helping to pay it. Delinquency in the payment of taxes became fash- ionable, and State Legislatures com- peted with one another to see which could pay the least amount of taxes. Out of this maze, political think- ers conceived one ray of hope — to dissolve the Articles and to call a convention for the purpose of halt- ing the increasing powers of the separate States by creating a strong- er central government. Accordingly, representatives of all but one State met at Philadelphia in May 1787, to draft the Constitution of the United States. Out of the wreckage, these men salvaged a democracy greater than any other in the world, and established for our ancestors, ourselves, and our posterity, a gov- ernment, in the words of Abraham Lincoln, “of the people, by the peo- ple, and for the people.” Phyllis Gould RIGHTS GRANTED BY THE CONSTITUTION It has been shown in what man- ner the nation is governed and how the Constitution guards the govern- ment itself, to make certain that it is, and will always remain, the gov- ernment of the people. On the other hand the Constitu- tion protects the citizen too and makes sure that he shall not be oppressed by that government. The citizens of the United States have many rights. Foremost among these is the power to vote. During the first century or two after the settling of America, voting was lim- ited to property owners. In 1870, th e Fifteenth Amendment was passed, stating that “the right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servi- tude.” This amendment, neverthe- less, did not extend the voting privilege to women. But in 1920, the Nineteenth Amendment gave to them also the right to vote. The Constitution, with certain ex- ceptions, guarantees equal suffrage to every adult man and woman. The States require that the voter

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Lawrence High School 7 Honor Essays— The Constitution INTRODUCTION AND HISTORY As you all know, we are celebrat- ing the one hundred and fiftieth anniversary of the adoption of the Constitution. For this reason we of the class of nineteen hundred and thirty eight have chosen various as- pects of that Constitution as the theme governing the five essays to be presented this evening. By means of these essays, it is our desire to give you a clear, complete view of the value of the Constitution and the part it played in making the United States the democracy that it is today. I, myself, shall deal with the his- tory and developments which sub- sequently led to the adoption of the document. We young people of America are a cynical lot, being inclined to take many things for granted. Among other things, we are indifferent to- ward those blessings of peace and liberty willed us by the framers of the Constitution. It is hard for us to realize that there hasn’t always been a Constitution, that at any time in the history of our American nation the idea of such a nation was abstract. Only through books may we discover the conditions that encouraged the creation of the gov- ernment under which it is our good fortune to live today. Previous to the Revolutionary War, the Thirteen States in America re- sembled those states of ancient Greece in that they were entirely independent of one another. Differ- ences in race, language, and religion were in a large part to blame for the prevalence of this condition. The geographical situation of the colo- nies, each colony having its own har- bors and coastline, also had much to do with their separation, since each, under such conditions, had little cause and less necessity to de- pend on the others. These things are an explanation of, and perhaps a partial excuse for, the lack of national feeling in the colonies be- fore their war for independence. With the advent of the Revolu- tionary War, however, came a rush of patriotism. For a time the colo- nies were united — fighting against what they considered unjust and abominable taxation — fighting for a common cause. With the end of the war, came the end of the only visible force capable of establishing union in the colonies. After winning their cause, people in the colonies immediately displayed their tendencies to drift back into their former mode of living. It was then, in 1775, that the members of the Second Continental Congress, convened at Philadelphia, made a last, frantic attempt to pro- long thoughts of union, by creating what they termed “a plan of general federation and perpetual league.” This plan — The Articles of Confed- eration — was by no means definite, being only a statement of powers which the Continental Congress might exercise (those being very few), and giving the rest of the power to the States. It was presented to the states for ratification in 1777, but it did not go into effect until 1781, since the unanimous consent of the states was necessary to ap- prove it, according to one of the provisions of the Articles. Thus, even before the newly born govern- ment went into effect, one of the

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Lawrence High School 9 be twenty-one, be a resident in the state, and in that particular part of it where he intends to vote. Some states require that a voter pay a certain tax, or be able to read and write, or both. These are sometimes considered unjust, but there are some cases in which the right to make them is very plain; for instance, convicted criminals cannot vote, nor can persons who are insane. Another great privilege is the right of a trial by jury. According to this law, no person may be judged guilty of a crime, except in minor cases, until a body of men or women who are not in any way prejudiced have concluded that facts show him to be guilty. The advantages and justice of this law are very clear. For instance, a man of low position cannot be ac- cused by someone high in author- ity, secretly tried by prejudiced per- sons, and unjustly condemned. On the other hand, an official cannot be tried by those under him, who perhaps hate him and want to get rid of him. People in the United States have the right to be secure in their per- sons, houses, property, and effects against unreasonable searches and seizures. That is to say, “every man’s house is his castle,” and no one may interfere with him in it. Should a man use this right as a cover for violating the law, officers, armed with a proper warrant, may enter a suspected house, search for, and arrest a criminal or seize stolen or contraband goods hidden there. The Constitution specifically pro- vides that “the citizens of each State shall be entitled to all privi- leges and immunities of citizens in the several States.” This means that a citizen of one State may go to another State and there enjoy the same civil rights that citizens of the latter State enjoy, and like- wise be subject to the same restric- tions. The topic of Constitutional rights covers a vast and complete field. In this short essay I have brought out only a few of the more import- ant rights which we as American citizens are fortunate enough to en- joy. Stephen Papp. THE INFLUENCE OF THE SUPREME COURT ON THE CONSTITUTION In the beginning of its career the Supreme Court was fortunate in having on its bench a group of not- ably brilliant judges, whose fore- sight has had much to do with the present success of the Constitution. Constitutional law, as we know it today, is strongly flavored by the early decisions of the Supreme Court. All in all, it is generally agreed that John Marshall headed the bench during the most critical years the Constitution has yet witnessed. Under his jurisdiction came many of the most important cases in the history of the Court. When Marshall succeeded John Jay as Chief Justice he changed the procedure of the Court and did away with much of the formality copied by John Jay from the court of England. At this time Marshall became spokesman for the Court. His interpretations