68 PROBLEMS IN
AMERICAN
GOVERNMENT
9.
9.
Beard - 1931 - Questions and Problems in American Government - Syllabus by Erbe
Assuming that preparation for war is a necessity, which
should receive most attention, the army, the navy, the aerial
service or coast defense?
5. When, if ever, is war justifiable?
6. Is that civilization a success which requires five or six
times as much outlay by the National Government for war and
protection as for the support of all of its constructive and peace-
ful functions?
7. Was Cromwell right when he said, "A man-of-war is the
best ambassador"?
8. Comment on the following quotations.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? NATIONAL DEFENSE
63
a. "To be prepared for war is one of the most effectual means
of preserving peace. "--Washington.
b. "Battles are never the end of war; for the dead must be buried
and the cost of the conflict must be paid. "--Garfield.
c. "War kills men, and men deplore the loss; but war also crushes
bad principles and tyrants, and so saves societies. "--Colton.
d. "War is one of the greatest plagues that can afflict humanity;
it destroys religion, it destroys states, it destroys families.
Any scourge, in fact, is preferable to it. Famine and pestilence
become as nothing in comparison with it. "--Martin Luther.
e. "Among great nations all war is waged by borrowed money;
the capitalist lends the 'sinews of war'--ominous word! --and
for the sake of good investment is ready to foment quarrels
in every part of the world. The politicians declare war, the
capitalists finance it, and the people pay for it. "--Walsh.
f. "Were half the power that fills the world with terror,
Were half the wealth bestowed on camps and courts,
Given to redeem the human mind from error,
There were no need of arsenals or forts. "
--Longfellow.
g. "It is a sad fact that sixty-seven per cent of the expenses of
our government are being expended either because of past
wars or in preparation for possible future wars. "--Capan.
h. "War raises to the surface the worst passions and vices of
men, and whoever expects soldiers, whether they be English,
French, German, or Boers, to act in the heat of battle as a
gentleman would act in a London drawing room, has very
little knowledge of the ferocity latent in human nature. When
life and death are the stakes for which men play, chivalry
and mercy are easily forgotten, and the original savage reap-
pears, not much changed from the primeval time. "--Crosby.
i. "War is one of the principal causes of the degradation of the
human race. "--Novicow.
j. "War regenerates corrupt peoples, it awakens dormant na-
tions, it rouses self-forgetful, self-abandoned races from their
mortal languor. "--Jahns.
9. On an outline map of the world draw dotted lines from
the nearest seaport in the United States to each of our respective
territorial possessions. Estimate these distances as accurately
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 64 PROBLEMS IN AMERICAN GOVERNMENT
as possible. Compare these distances with those between other
world powers and our territorial possessions. Does this suggest
anything in the way of national defense?
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XVII.
Martin and George's American Government and Citizenship (1927),
Chaps. XIII-XIV.
McClain's Constitutional Law in the United States (1910), Chap. XVII.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? PART II
STATE AND LOCAL GOVERNMENT
CHAPTER XX
(pp. 448-480)
POSITION OF THE STATES IN THE FEDERAL UNION
1. Are the States of the Union "sovereign within their re-
spective spheres"? Explain.
2. Is there a degree of uncertainty in regard to some powers
which might possibly be exercised by either the National or
State Governments in the United States?
3. What is a concurrent power? Do concurrent powers tend
to obscure the boundary lines between State and Federal powers?
Explain.
4. Point out the limitations that are placed upon the State
Governments by the Federal Constitution. Explain each.
5. Where in the Federal Constitution are these limitations
to be found?
6. Explain this statement, "no state can lay a tax on the
property, lawful agencies and instrumentalities of the Federal
Government or on federal franchises as such. "
7. Define the following and point out the significance of each.
a. Contract d. Ex post facto law
b. Due process of law e. Bill of attainder
c. Police power
8. Of what significance is the fourteenth amendment to
the Federal Constitution?
9. What protection does the National Government offer to
private property?
6s
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 66 PROBLEMS IN AMERICAN GOVERNMENT
10. In what ways do corporations tend to obscure the dividing
line between State and Federal powers?
11. Point out instances of shifts of power from the State
Governments to the National Government and vice versa. In
what direction does there seem to be the greatest shift of au-
thority? Explain.
12. How has Congress attempted to regulate prison labor
within the States?
13. What justification, if any, is there for the expansion of
Federal functions in the fields of primary concern to the States?
14. How did the National Government succeed in obtaining
the powers which were formerly exercised and enjoyed by the
State Governments?
15. What is a subsidy? How does it differ from a gift?
16. For what purposes are subsidies granted?
17. Does the acceptance of a subsidy on the part of the States
tend to increase or decrease their powers? Explain.
18. For what purposes has the Federal Government granted
aid to the States?
19. For what purposes were each of the following grants in
aid enacted?
a. Morrill Act, 1862 /. Smith-Hughes Voca-
b. Weeks Act, 1911 tional Education
c. Smith-Lever Act, 1914 Act, 1917
d. Federal Highway Act, g. Industrial Rehabili-
20. What effect has the creation of Federal agencies, charged
with the duties formerly entrusted to the States, had upon the
progress made by the States?
21. Is centralization of power in administration undemo-
cratic? Explain.
22. What interesting and important questions have arisen
under the constitutional guarantee that the citizens of one
1916
e. National Defense Act,
1916
tation Act, 1920
h. Sheppard-Towner
Act, 1921
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? POSITION OF STATES IN FEDERAL UNION 67
State shall have the same privileges and immunities of the
citizens in the several States?
23. Is it mandatory upon the Governors of the several States
to return fugitives from justice from one of the forty-eight
States? Explain.
24. Outline the steps in the process of admitting new States
to the Union.
25. May Congress impose special conditions upon proposed
States, preparatory to their admission to the Union? Illustrate.
Questions and Problems for Further Study and
Discussion
1. What obligations, if any, does the National Government
have toward the States?
2. Explain the following statement, "The constitution and
laws of the United States are declared to be supreme over those
of the states. " Does this mean that any law enacted by Congress
will override a conflicting law passed by a State, even though
the law enacted by the State was clearly within its powers?
3. By means of intersecting circles indicate the relation
which exists between the State and National Governments in
our Federal System.
4. List some powers that may be exercised by both Congress
and the States. Some that may be exercised by the States only
with the consent of Congress.
5. May the Federal courts declare State laws unconstitu-
tional? Explain.
6. If an individual commits a crime in the State of California
and is tried without a jury contrary to his own wishes, does he
get due process of law? Explain.
7. Will a divorce granted in Nevada to a citizen of Iowa be
recognized as valid in Iowa? Explain.
8. If a man commits murder in Michigan and flees to New
Mexico, may he be tried and punished in New Mexico for this
offense? Explain.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
?
68 PROBLEMS IN AMERICAN GOVERNMENT
9. How may new States be formed out of old States?
10. What problems are involved in the question of admitting
our insular possessions as States to the Union? Do you approve
or disapprove of this idea? Explain.
11. Prepare a list of the States in the order in which they
were admitted to the Union, and give the day, month and year
in which each acquired statehood.
12. Who pays for Federal aid?
13. If Federal aid encroaches upon the rights of the States,
why do the States accept it?
14. Can centralization of authority and Federal aid be de-
fended because the sources of taxable wealth are national and
not local in character?
15. Has the public more confidence in enterprises conducted un-
der Federal aid than those conducted wholly under State control?
16. Have the costs of government increased more rapidly
than other costs?
17. Is it true that Federal aid is the extension of financial aid
by the richer to the poorer States?
18. Is it proper for the Federal Government, by granting
subsidies in aid to the States, to accomplish indirectly what
would be unconstitutional if done directly? Explain.
19. What are the arguments for and against the present
tendency to centralize power and authority in the National
Government?
References
Munro's The Government of the United States, Third Edition, Chap.
XXIX.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXVIII.
Bates and Field's State Government (1928), Chaps. II, IV.
Holcombe's State Government in the United States (1926), Chaps. IV-V,
XIV.
Mathews' American State Government (1924), Chaps. II-III.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chaps. XVI-XVII.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? CHAPTER XXI
(pp. 481-498)
THE STATE AND ITS CONSTITUTION
1. How extensive are the powers enjoyed by the State Gov-
ernments under the Federal Constitution?
2. What is a State? How are the States related to the federal
system in the United States?
3. Do the States play any part in the alteration of the
Federal Constitution? Explain.
4. Of what importance are the State Governments in the
lives of the citizens?
5. May it be said that the States are laboratories for political
and economic experimentation? Explain.
6. What has been the tendency in State Constitutional de-
velopment?
7. Point out the results that have come from increasing the
length of State Constitutions.
8. What are the parts into which State Constitutions are
usually divided? Explain each.
9. By what authority is the suffrage regulated in the United
States?
10. Prepare a list of the usual qualifications for voting.
11. List the common disqualifications for the suffrage.
12. For what purpose were the so-called "grandfather
clauses" enacted?
13. What bearing does the fourteenth amendment to the
Federal Constitution have upon the imposition of restrictions
on the suffrage?
14. To what extent is the principle of the separation of powers
employed in the State Constitutions?
6g
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 70 PROBLEMS IN AMERICAN GOVERNMENT
15. Have the States been successful in maintaining a distinct
separation of powers into the three departments? Explain.
16. What constitutes the supreme law of the States?
17. Is the principle of judicial supremacy maintained in the
States?
18. Should the State courts be permitted to declare laws un-
constitutional? Explain.
Questions and Problems for Further Study and
Discussion
1. Distinguish between a constitution, a statute, and a
charter.
2. Is there a separation of powers in State Governments as
there is in the National Government?
3. Do the State Governments employ the principle of
"Checks and Balances"? Illustrate.
4. How many constitutions has your State had? Is the
present one of the old or new type?
5. List the outstanding provisions in the Bill of Rights of
your State Constitution.
6. Does the Constitution of your State contain all the parts
of a typical constitution?
7. Explain the amending process provided in your State
Constitution. Does it require a majority of those voting in the
election in order to ratify or only a majority of those voting
for or against the amendment? Which of these requirements do
you think the more desirable and why?
8. List the qualifications for the suffrage in your State.
9. What changes have been made in the qualifications for
suffrage in your State since its admittance to the Union? Do
you think that the present qualifications in your State might
be improved? Explain.
10. By whom are State constitutions made? Are there any
limitations on this power?
11. How many times have the people voted in favor of con-
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? THE STATE AND ITS CONSTITUTION
stitutional revision in your State? When? What was the out-
come? Explain if necessary.
12. What is a constitutional convention act? By whom is it
enacted?
13. Draft a plan for a State constitutional convention.
14. List the steps in the process of making a State constitution.
15. Should a constitution be brief and general in its provisions
or long and detailed? Explain.
16. List the outstanding points of uniformity in our State
Governments.
17. Prepare a brief outline of the constitution of your State
showing the main topic of each division and article.
18. Should the question of constitutional revision come up in
your State would you vote for or against it? Explain.
19. Do you think it would be desirable to organize such cities
as New York and Chicago into States? Give reasons for your
answer.
20. Through what formalities would it be necessary to go in
order to organize New York City into a State?
21. Carefully read through a copy of your State constitution
and check what you regard to be its outstanding weaknesses.
Then correct these weaknesses by putting the constitution in
the phraseology and form that you think it ought to take.
References
Munro's The Government of the United States, Third Edition, Chap.
XXX.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXX.
Bates and Field's State Government (1928), Chap. II.
Holcombe's State Government in the United States (1926), Chaps. III-V,
XIV.
Mathews' American State Government (1924), Chaps. I-II.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? CHAPTER XXII
(pp. 499-S2! )
POPULAR CONTROL IN STATE AND LOCAL
GOVERNMENTS
1. Of what importance is public opinion in a democracy?
2. What provision has been made to enable the people to
alter their fundamental law?
3. What three methods of setting the amending process in
motion are referred to by the author? Point out the merits of
each?
4. By means of what devices may the people participate
directly in the enactment of laws? Explain each.
5. List the names of the States now providing for the use of
the initiative and referendum in some form or other.
6. Should it be easier for the voter to change an ordinary
statute than to change a constitutional law? Explain.
7. In what ways may the initiative and referendum be used?
8. Outline the Oregon plan for the use of the initiative and
referendum.
9.
should receive most attention, the army, the navy, the aerial
service or coast defense?
5. When, if ever, is war justifiable?
6. Is that civilization a success which requires five or six
times as much outlay by the National Government for war and
protection as for the support of all of its constructive and peace-
ful functions?
7. Was Cromwell right when he said, "A man-of-war is the
best ambassador"?
8. Comment on the following quotations.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? NATIONAL DEFENSE
63
a. "To be prepared for war is one of the most effectual means
of preserving peace. "--Washington.
b. "Battles are never the end of war; for the dead must be buried
and the cost of the conflict must be paid. "--Garfield.
c. "War kills men, and men deplore the loss; but war also crushes
bad principles and tyrants, and so saves societies. "--Colton.
d. "War is one of the greatest plagues that can afflict humanity;
it destroys religion, it destroys states, it destroys families.
Any scourge, in fact, is preferable to it. Famine and pestilence
become as nothing in comparison with it. "--Martin Luther.
e. "Among great nations all war is waged by borrowed money;
the capitalist lends the 'sinews of war'--ominous word! --and
for the sake of good investment is ready to foment quarrels
in every part of the world. The politicians declare war, the
capitalists finance it, and the people pay for it. "--Walsh.
f. "Were half the power that fills the world with terror,
Were half the wealth bestowed on camps and courts,
Given to redeem the human mind from error,
There were no need of arsenals or forts. "
--Longfellow.
g. "It is a sad fact that sixty-seven per cent of the expenses of
our government are being expended either because of past
wars or in preparation for possible future wars. "--Capan.
h. "War raises to the surface the worst passions and vices of
men, and whoever expects soldiers, whether they be English,
French, German, or Boers, to act in the heat of battle as a
gentleman would act in a London drawing room, has very
little knowledge of the ferocity latent in human nature. When
life and death are the stakes for which men play, chivalry
and mercy are easily forgotten, and the original savage reap-
pears, not much changed from the primeval time. "--Crosby.
i. "War is one of the principal causes of the degradation of the
human race. "--Novicow.
j. "War regenerates corrupt peoples, it awakens dormant na-
tions, it rouses self-forgetful, self-abandoned races from their
mortal languor. "--Jahns.
9. On an outline map of the world draw dotted lines from
the nearest seaport in the United States to each of our respective
territorial possessions. Estimate these distances as accurately
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 64 PROBLEMS IN AMERICAN GOVERNMENT
as possible. Compare these distances with those between other
world powers and our territorial possessions. Does this suggest
anything in the way of national defense?
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XVII.
Martin and George's American Government and Citizenship (1927),
Chaps. XIII-XIV.
McClain's Constitutional Law in the United States (1910), Chap. XVII.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? PART II
STATE AND LOCAL GOVERNMENT
CHAPTER XX
(pp. 448-480)
POSITION OF THE STATES IN THE FEDERAL UNION
1. Are the States of the Union "sovereign within their re-
spective spheres"? Explain.
2. Is there a degree of uncertainty in regard to some powers
which might possibly be exercised by either the National or
State Governments in the United States?
3. What is a concurrent power? Do concurrent powers tend
to obscure the boundary lines between State and Federal powers?
Explain.
4. Point out the limitations that are placed upon the State
Governments by the Federal Constitution. Explain each.
5. Where in the Federal Constitution are these limitations
to be found?
6. Explain this statement, "no state can lay a tax on the
property, lawful agencies and instrumentalities of the Federal
Government or on federal franchises as such. "
7. Define the following and point out the significance of each.
a. Contract d. Ex post facto law
b. Due process of law e. Bill of attainder
c. Police power
8. Of what significance is the fourteenth amendment to
the Federal Constitution?
9. What protection does the National Government offer to
private property?
6s
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 66 PROBLEMS IN AMERICAN GOVERNMENT
10. In what ways do corporations tend to obscure the dividing
line between State and Federal powers?
11. Point out instances of shifts of power from the State
Governments to the National Government and vice versa. In
what direction does there seem to be the greatest shift of au-
thority? Explain.
12. How has Congress attempted to regulate prison labor
within the States?
13. What justification, if any, is there for the expansion of
Federal functions in the fields of primary concern to the States?
14. How did the National Government succeed in obtaining
the powers which were formerly exercised and enjoyed by the
State Governments?
15. What is a subsidy? How does it differ from a gift?
16. For what purposes are subsidies granted?
17. Does the acceptance of a subsidy on the part of the States
tend to increase or decrease their powers? Explain.
18. For what purposes has the Federal Government granted
aid to the States?
19. For what purposes were each of the following grants in
aid enacted?
a. Morrill Act, 1862 /. Smith-Hughes Voca-
b. Weeks Act, 1911 tional Education
c. Smith-Lever Act, 1914 Act, 1917
d. Federal Highway Act, g. Industrial Rehabili-
20. What effect has the creation of Federal agencies, charged
with the duties formerly entrusted to the States, had upon the
progress made by the States?
21. Is centralization of power in administration undemo-
cratic? Explain.
22. What interesting and important questions have arisen
under the constitutional guarantee that the citizens of one
1916
e. National Defense Act,
1916
tation Act, 1920
h. Sheppard-Towner
Act, 1921
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? POSITION OF STATES IN FEDERAL UNION 67
State shall have the same privileges and immunities of the
citizens in the several States?
23. Is it mandatory upon the Governors of the several States
to return fugitives from justice from one of the forty-eight
States? Explain.
24. Outline the steps in the process of admitting new States
to the Union.
25. May Congress impose special conditions upon proposed
States, preparatory to their admission to the Union? Illustrate.
Questions and Problems for Further Study and
Discussion
1. What obligations, if any, does the National Government
have toward the States?
2. Explain the following statement, "The constitution and
laws of the United States are declared to be supreme over those
of the states. " Does this mean that any law enacted by Congress
will override a conflicting law passed by a State, even though
the law enacted by the State was clearly within its powers?
3. By means of intersecting circles indicate the relation
which exists between the State and National Governments in
our Federal System.
4. List some powers that may be exercised by both Congress
and the States. Some that may be exercised by the States only
with the consent of Congress.
5. May the Federal courts declare State laws unconstitu-
tional? Explain.
6. If an individual commits a crime in the State of California
and is tried without a jury contrary to his own wishes, does he
get due process of law? Explain.
7. Will a divorce granted in Nevada to a citizen of Iowa be
recognized as valid in Iowa? Explain.
8. If a man commits murder in Michigan and flees to New
Mexico, may he be tried and punished in New Mexico for this
offense? Explain.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
?
68 PROBLEMS IN AMERICAN GOVERNMENT
9. How may new States be formed out of old States?
10. What problems are involved in the question of admitting
our insular possessions as States to the Union? Do you approve
or disapprove of this idea? Explain.
11. Prepare a list of the States in the order in which they
were admitted to the Union, and give the day, month and year
in which each acquired statehood.
12. Who pays for Federal aid?
13. If Federal aid encroaches upon the rights of the States,
why do the States accept it?
14. Can centralization of authority and Federal aid be de-
fended because the sources of taxable wealth are national and
not local in character?
15. Has the public more confidence in enterprises conducted un-
der Federal aid than those conducted wholly under State control?
16. Have the costs of government increased more rapidly
than other costs?
17. Is it true that Federal aid is the extension of financial aid
by the richer to the poorer States?
18. Is it proper for the Federal Government, by granting
subsidies in aid to the States, to accomplish indirectly what
would be unconstitutional if done directly? Explain.
19. What are the arguments for and against the present
tendency to centralize power and authority in the National
Government?
References
Munro's The Government of the United States, Third Edition, Chap.
XXIX.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXVIII.
Bates and Field's State Government (1928), Chaps. II, IV.
Holcombe's State Government in the United States (1926), Chaps. IV-V,
XIV.
Mathews' American State Government (1924), Chaps. II-III.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chaps. XVI-XVII.
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? CHAPTER XXI
(pp. 481-498)
THE STATE AND ITS CONSTITUTION
1. How extensive are the powers enjoyed by the State Gov-
ernments under the Federal Constitution?
2. What is a State? How are the States related to the federal
system in the United States?
3. Do the States play any part in the alteration of the
Federal Constitution? Explain.
4. Of what importance are the State Governments in the
lives of the citizens?
5. May it be said that the States are laboratories for political
and economic experimentation? Explain.
6. What has been the tendency in State Constitutional de-
velopment?
7. Point out the results that have come from increasing the
length of State Constitutions.
8. What are the parts into which State Constitutions are
usually divided? Explain each.
9. By what authority is the suffrage regulated in the United
States?
10. Prepare a list of the usual qualifications for voting.
11. List the common disqualifications for the suffrage.
12. For what purpose were the so-called "grandfather
clauses" enacted?
13. What bearing does the fourteenth amendment to the
Federal Constitution have upon the imposition of restrictions
on the suffrage?
14. To what extent is the principle of the separation of powers
employed in the State Constitutions?
6g
? ? Generated for (University of Chicago) on 2014-08-20 21:09 GMT / http://hdl. handle. net/2027/uc1. $b179792 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 70 PROBLEMS IN AMERICAN GOVERNMENT
15. Have the States been successful in maintaining a distinct
separation of powers into the three departments? Explain.
16. What constitutes the supreme law of the States?
17. Is the principle of judicial supremacy maintained in the
States?
18. Should the State courts be permitted to declare laws un-
constitutional? Explain.
Questions and Problems for Further Study and
Discussion
1. Distinguish between a constitution, a statute, and a
charter.
2. Is there a separation of powers in State Governments as
there is in the National Government?
3. Do the State Governments employ the principle of
"Checks and Balances"? Illustrate.
4. How many constitutions has your State had? Is the
present one of the old or new type?
5. List the outstanding provisions in the Bill of Rights of
your State Constitution.
6. Does the Constitution of your State contain all the parts
of a typical constitution?
7. Explain the amending process provided in your State
Constitution. Does it require a majority of those voting in the
election in order to ratify or only a majority of those voting
for or against the amendment? Which of these requirements do
you think the more desirable and why?
8. List the qualifications for the suffrage in your State.
9. What changes have been made in the qualifications for
suffrage in your State since its admittance to the Union? Do
you think that the present qualifications in your State might
be improved? Explain.
10. By whom are State constitutions made? Are there any
limitations on this power?
11. How many times have the people voted in favor of con-
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? THE STATE AND ITS CONSTITUTION
stitutional revision in your State? When? What was the out-
come? Explain if necessary.
12. What is a constitutional convention act? By whom is it
enacted?
13. Draft a plan for a State constitutional convention.
14. List the steps in the process of making a State constitution.
15. Should a constitution be brief and general in its provisions
or long and detailed? Explain.
16. List the outstanding points of uniformity in our State
Governments.
17. Prepare a brief outline of the constitution of your State
showing the main topic of each division and article.
18. Should the question of constitutional revision come up in
your State would you vote for or against it? Explain.
19. Do you think it would be desirable to organize such cities
as New York and Chicago into States? Give reasons for your
answer.
20. Through what formalities would it be necessary to go in
order to organize New York City into a State?
21. Carefully read through a copy of your State constitution
and check what you regard to be its outstanding weaknesses.
Then correct these weaknesses by putting the constitution in
the phraseology and form that you think it ought to take.
References
Munro's The Government of the United States, Third Edition, Chap.
XXX.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXX.
Bates and Field's State Government (1928), Chap. II.
Holcombe's State Government in the United States (1926), Chaps. III-V,
XIV.
Mathews' American State Government (1924), Chaps. I-II.
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? CHAPTER XXII
(pp. 499-S2! )
POPULAR CONTROL IN STATE AND LOCAL
GOVERNMENTS
1. Of what importance is public opinion in a democracy?
2. What provision has been made to enable the people to
alter their fundamental law?
3. What three methods of setting the amending process in
motion are referred to by the author? Point out the merits of
each?
4. By means of what devices may the people participate
directly in the enactment of laws? Explain each.
5. List the names of the States now providing for the use of
the initiative and referendum in some form or other.
6. Should it be easier for the voter to change an ordinary
statute than to change a constitutional law? Explain.
7. In what ways may the initiative and referendum be used?
8. Outline the Oregon plan for the use of the initiative and
referendum.
9.
