About The Authors

[pg 003]What Has America Done For Me And For My Children?This question may not be spoken, but it is in the hearts of millions of Americans to-day.All those who attempt to teach Americanism to foreigners,and to Americans, must be preparedto answer this question.It can only be answeredby teaching the individual guaranties of the Constitution of the United States, and of the States, which protect life and liberty and property.It can only be answeredby convincing the people that this is a land of justice and of opportunity for all; that if there be abuses, they are due not to our form of government, but that the people are themselves to blame, because of[pg 004]their ignorance of their rights, their failure to realize their power, and their neglect of those duties which citizenship imposes.All over the land earnest men and women are endeavoring to teach the great truths of Americanism, and with substantial success; but those who understand human nature realize that the faith of our fathers can only be firmly established by lighting the fires of patriotism and loyalty in the hearts of our children. Through them the great truths of our National life can be brought into the homes of the land.And the Nation will never be safe until the Constitution is carried into the homes, until at every fireside young and old shall feel a new sense of security in the guaranties which are found in this great charter of human liberty, and a new feeling of gratitude for the blessings which it assures to this, and to all future generations.[pg 007]About The AuthorsFor a work designed to promote education in the spirit of American citizenship it would be difficult to imagine a more competent authorship than that which has been provided for“The Short Constitution”. Either of the writers alone would have produced a book of high standing in this field; the collaboration of the two makes it a remarkable production in its adaptation to the subject for home reading, the study club, and the school curriculum. It is unique, and has justly been termed“the first real attempt to popularize Constitutional law.”Federal Judge Martin J. Wade has had a varied contact with people in his long experience as practicing attorney, district judge, member of Congress, and Judge of the United States Court. A well known Iowa publicist, he has gained nation wide fame as a public speaker and writer on Americanization and citizenship topics, basing his themes on first-hand experiences with conditions which have produced much unrest throughout the Nation. As a member of the State Council of National Defense during the World War, and as presiding judge at the trial of many obstructionists in that period, he conceived the idea of the need for a school of Americanism, to teach what our country has done for its citizens. Clearness and eloquence mark his public addresses, and have enriched the arguments and illustrations of this first book of the“Elementary Americanism Series”.Dean William F. Russell was the educational adviser sent with a group of experts by appointment of the President of the United States to advise disorganized Russia during the latter part of the World War; and also one of the five members of the China Educational Commission of North America, sent to China in 1921. His course of study in American[pg 008]citizenship, written at the request of the National Masonic Research Society for use throughout the United States, was inspired by the observation that the government in Russia, in contrast with our own, was an agency that took money for its coffers and boys for its armies and gave nothing in return. In addition to his work as Dean of the College of Education of the State University of Iowa, and his record as a widely-known lecturer on educational topics, he has found time to write school texts notable for accurate and concise statement, adapted to arousing and sustaining interest in the student mind.The authors have done more than present the facts about the Constitution of the United States, with particular emphasis on its personal guaranties. They have vitalized a topic generally thought to be dry and technical. They have succeeded in making the Constitution seem to be what it is, a factor of first importance in the daily life of the average citizen. It is not too much to say that the seed of this book should be planted in every home in America.The admirable work of annotation by Professor Chas. H. Meyerholz, Professor of Social Science in the Iowa State Teachers College, gives much additional material for elementary and advanced study. Professor Meyerholz is well known as an authoritative teacher, writer, and lecturer on subjects pertaining to government, and has done much valuable Americanization work.The elementary and advanced questions at the end of each chapter will serve as a guide to all teachers and leaders of study classes. The text of the Declaration of Independence and the Constitution of the United States, with the original capitalization and punctuation preserved, and an abridgement of a State Constitution, printed at the end of the book, are valuable for reference.The Publisher[pg 009]Preface“The Short Constitution”is one of a series of volumes entitled“Elementary Americanism”, intended for use in the home, the club, the school, and in general Americanization work.It is our hope that regular courses in“Americanism”will soon be established in all schools, colleges, and universities.We use the term“Americanism”because we feel that it signifies something broader, deeper, and more appealing than any title now used in the schools in the teaching of American government, or citizenship, or the rights and duties of the citizens of the United States.We like the term“America”better than“the United States”.“The United States”suggests boundaries, codes, and constitutions.“America”suggests all these and then it suggestsspirit. Thereissuch a thing as“Americanism”. It includes all there is of information relating to our country; but it also has a soul“Americanism”relates to democracy, into which enter all the ideals, all the impulses and emotions of men, women, and children.“Americanism”teaches not only the relation of the States to the National government, and the relation of citizens to both the State and the National government, but it also teaches the relation of men, women, and children to each other.This is a government by the people, and therefore we must understand the people in order that we, the people, may govern.To arouse patriotism and loyalty we must do more than develop the powers of the mind, do more than expand the field of knowledge. We must inspire in the heart faith, confidence, and love. Men must not only learn how to govern, but they must learn how to be governed. We must not only learn to command, but also to obey. Our spirits must be so[pg 010]molded that we can submit to duly constituted authority, submission to which is the most lofty expression of American patriotism.Submission to authority in America is submission to law, for no man in this country has any authority to command or direct a fellowman, except as the law made by the people vests him with such authority.To inspire devotion to our country we must arouse in the hearts of our people a sense of gratitude for the blessings which come to us because we live in free America, gratitude for the rights and liberties which we possess, which are protected by the guaranties of a written Constitution adopted by the people themselves.There is only one way in which the average person may be brought to see what America has done for him, and that is by contrasting the rights, privileges, and opportunities which he has with those possessed by others in the same walk of life before the Constitution became the bulwark of the people against injustice and wrong.The aim of“The Short Constitution”is to present, in a form as simple as possible, a definite knowledge of all the personal guaranties of the Constitution, with an explanation of what they mean, and what they have done in the advancement of human happiness; and a brief explanation of the machinery of government provided by the Constitution.Everyone who understands human nature will admit that to mold the spirit, to inspire faith, and to excite gratitude training must begin in childhood. The child must learn:(a) What authority means.(b) The source of authority.(c) In whom authority rests: in the parent, in the teacher, and in public officers selected by the people to enforce the authority of the community, the State, and of the Nation.[pg 011](d) How the authority of the people, the community, the State, and the Nation is expressed through laws which are nothing but rules of human conduct.(e) How we should respect authority and submit to authority.(f) How and by whom those who will not yield obedience to authority out of respect will be compelled to obey by punishment.We have adopted a new method of presenting this subject. In this country authority is largely administered through the courts. Judges of the courts construe the Constitution and the laws; and, generally with the aid of a jury, determine rights and wrongs, and enforce justice through their judgments and decrees.We therefore feel that the subject“Americanism”, presented through the spoken word of a judge, will better gain and hold the attention of the pupil than in any other way. We have the teacher invite Judge Garland to deliver a series of“Talks”to the pupils, which are herein presented. By this direct method greater freedom of expression is permitted and with the aid of notes greater brevity is possible. In these“Talks”considerable apparent repetition will appear. This is essential to thorough understanding. Without reiteration it is impossible to accomplish our purpose which is not only to enlighten, but to inspire.Our endeavor is to present the subject not from the standpoint of the government, but from the standpoint of the people. Therights of the peopleare of first importance in a Nation where men, women, and children are free. The State and the Nation have no rights except those given them by the people. Strictly speaking the Nation and the States have no“rights”but only the duty to exercise certain powers in the protection of the liberties of the people.[pg 012]In America the rights of the people are supreme. The state exists for man, not man for the state.To gain substantial results we must rely largely upon the industry and enthusiasm of the instructors. We are sure they will realize that in the“upbuilding of the spirit”a proper atmosphere must be created and maintained. Doctor Steiner wisely said,“Religion cannot be taught, it must be caught”. In other words religion is of the spirit; so is patriotism.Always bear in mind that in presenting the Constitution we are teaching human rights under the Constitution.It is more than a century since the Constitution was ratified, and, so far as we have knowledge, this is the first direct attempt to translate its guaranties into the language of the ordinary man, woman, and child. We demand respect for, and loyalty to the Constitution, but the truth is that the ordinary citizen has no knowledge of the relation of the Constitution to his life or to the life of his children.The Authors[pg 013]I. The Judge's First TalkReasons For The Study Of The Constitution Of The United StatesFor several days there had been an air of expectancy about the school. At Monday's assembly the teacher had announced that she had persuaded Judge Garland to come to talk to the teachers and pupils about the Constitution of their country and about the law, the rights, the powers, and the duties of the people. A real live judge was coming! Most of the children had never seen a judge. The word inspired a sort of dread. They had read of men being sentenced to prison. They expected to see a fierce, hard-hearted man. Some of the younger children had wondered if it would be possible to stay away from the assembly room when the judge was there, but the teacher said that everyone should be present. So important was the subject that the teachers were to be there, too; and many fathers and mothers that could spare the time were also invited. The principal had said that he would not miss a meeting.So when Friday came the assembly room was crowded. All the pupils and teachers were there, and in the rear of the room were a few of the parents. The door opened and the principal of the school entered. By his side was a man whose gray hair and serious countenance told of years of responsibility. He did not appear“fierce”. Rather his face was kind and his eyes twinkled as he ascended the platform and stood looking out over the faces before him.The principal introduced Judge Garland who bowed and began his series of talks to the children.Well my friends, I am glad to see you. I am delighted to be[pg 014]back in a school room again. It is many years ago, though it seems but a short time, since as a schoolboy I sat in a school room like this, among boys and girls like you. I suppose that I studied about as you study, and did not recite any better than you recite. I thought I had to work very hard, and I remember that I often looked out of the open window of the school room when the summer sun was warm, and I thought I could hear the trees, the grass, the stream, and even the fish calling me to quit study and come out to joy and freedom. I know it was a real temptation. I could have had a good time, but I have often been glad since that I obeyed my teacher, my parents, and the law, and continued my studies in school. I am glad, because I now realize how much easier, how much happier, and how much more useful my life has been because I did not listen to the voice of temptation which called me from work to play.1Since those pleasant school days I have seen much of human life. On the bench now for over twenty-five years, I have been compelled to deal with all sorts of people, even the little children who early in life sometimes drift from the path of right to ways of wickedness. I have served as judge of the Juvenile Court, and judge of the court in which the worst criminals are tried. I have heard the cases of thousands of persons on trial for crimes, men and women, young and old. I have sent hundreds to prison, and I have been compelled to sentence some to death.In this experience, I have learned something of how easy it is, unless we are on our guard, to sin against the laws of our country, and against the laws of God. I have observed that the average person does not fully appreciate the value of liberty until he is about to lose it.2I also know that most people do not know the worth of the protection which our Constitution gives to each one of us, until someone is about to take away their right to life, or to[pg 015]liberty, or to property; and then they cry out for help. If they are right in their appeal, they always find help in the Constitution and in the law of the land. Yet it is true that there is much real ignorance about our country, our Constitution, and our laws. There is even much ignorance of these things among people who are supposed to be well educated.So I was pleased when your teacher came to me the other day asking me to come to your school a couple of times a week, to talk to you about our country, our Constitution, and our laws. I am happy to be able to comply with her request. It is a difficult subject for children, yet children must study these things, and learn them. There is no more important subject.3One of the chief objects of furnishing free education to children, rich and poor, is to make of them good law-abiding citizens; citizens who know what authority is; citizens who will obey the voice of authority; citizens who realize that authority in this country rests in the people themselves; citizens, men and women, who realize that they owe a duty to their country and their fellowmen to do all they can to keep America the most free and the most just country in the world.4No American child should leave school without a full knowledge of the government of our country; nor until he has in his heart loyal devotion to America, and to the Stars and Stripes, the emblem of the free.Of course I do not expect you to learn all there is to be known about your government. However I do expect you to know the great fundamental truths which after all are very simple and easily understood.I am not endeavoring to make lawyers. I am not trying to train you to become lawyers. You know nearly all the children in the American schools have to learn something about physiology and hygiene, but not in order to become doctors. They study physiology and hygiene in order to[pg 016]understand the ordinary rules of health, so that they may protect themselves as far as possible against disease and take care of their bodies intelligently. Of course sickness will come. Then you must call the doctor.Well, so it is in this course. I want you to know enough about your government, your Constitution, and your laws—because these things are yours—so that you, as members of this great society called America, will be able to understand your rights and duties, your privileges, your opportunities, and your obligations. Sometime in your life your problem may become so difficult, or your rights may become so endangered, that you will have to call upon a lawyer, just as when illness comes you call upon your physician.5No one knows anything of real worth about his country until he knows its Constitution. No one can have in his heart a full measure of gratitude for the blessings of living in a free country, until he knows of how fully the Constitution guards every right and privilege which we hold dear. So we shall enter upon the study of the Constitution of our country.But in order that you may better understand the Constitution of your country, in order that you may better study the problems which will be presented to you in this course, it is necessary for you to understand something, in a general way at least, of four separate things—Government,Liberty,Authority, andLaw. So before talking to you of the Constitution, I shall talk to you on these subjects.6I know it will not be easy for you at first to understand some of the words and expressions which it is necessary for me to use. It will be necessary for me to repeat to some extent, from time to time, but I feel satisfied that if we will work together in the right spirit, you will find the matter interesting; and I am sure that the great truths, the great principles of life, conduct, and action will soon become clear to your minds.[pg 017]The important thing to realize at all times is that we are not talking about something away off in which we have slight interest, but that we are talking of things which are ours, which affect every one of us, not in the future, but now.I can recall a number of faces of men who have been before my court charged with crimes, who in childhood were sitting where you are sitting to-day. I have sentenced some of them to long terms of years in the penitentiary. I was compelled to take away from them their liberty, because they had shown themselves unworthy, and had shown themselves rebels against the authority of their country.On the other hand, I recall those who came into court seeking protection of their rights against wrongdoers—against those who would take away their property, the earnings perhaps of a lifetime; and in court they found protection, justice, and right. But in administering justice and right, the court was only applying the principles of the Constitution of our country which we are about to study.So let us enter upon this work with a determination to succeed in our undertaking. You know that has a great deal to do with our success in life—a determination to succeed.When you boys take your baseball team to play the team of some other school, you start for the baseball park determined to win the game; and, if you keep up this spirit, you probably will win the game. In any event, you play a real game of which your friends are proud. That is the way to meet all the problems of life, whether in the school room, or out in the world after you have entered upon the great battles of life.[pg 018]ELEMENTARY QUESTIONS1. Did you ever see a judge? Would you be afraid of a judge? Why?2. What are the duties of a judge?[pg 019]3. Why did the judge say,“But I have often been glad since, that I obeyed my teacher, my parents, and the law, and continued my studies in school”? Why do boys and girls go to school? Why is the public willing to pay large sums of money to pay teachers, buy books, build school buildings, and keep them open?4. What law was it that the judge said he was glad that he had obeyed?5. Why did the judge send hundreds to prison? Why was he compelled to sentence some to death?6. What are the advantages of staying in school? What more do you know when you graduate from elementary school than those who quit earlier? Should one try to graduate from high school? Why?7. The judge says that one of the chief purposes of school is to make good, law-abiding citizens. Think of some person you know who is a“good, law-abiding citizen”; think of some one who is not; name five ways in which they are different.8. Have you read the Constitution of the United States? Should a good, law-abiding citizen know what is in the Constitution of the United States?9. The judge says that we owe a duty to our country. List five duties that a school pupil owes to his father and mother, five that he owes to his teacher, and, if you can, list five duties that all of us owe to our country.10. The judge says that the Constitution guards every right and privilege that we hold dear. Can you name any rights or privileges that you hold dear?ADVANCED QUESTIONSA. Why do we say that the United States is the“land of the free”? Why does the judge say that it is the most free and just country in the world?B. How are judges selected? To whom are they responsible? What are their duties?C. What are likely to be the results of poor schools?D. Should a parent have a right to give a child as poor an education or as little schooling as he may desire?E. Why do some States require children to study physiology and hygiene? Is there as good an argument for a study of the Constitution?F. Why does the judge say,“No one knows anything of real worth about his country until he knows its Constitution”?G. The judge says that good citizens know what authority is. Give an illustration of a child, a student, and a citizen who knows what authority is. Define authority. Give an illustration of a man who does not respect authority.H. When is a country a“free country”? What is a“just country”? How can a judge justify himself in a free country when he sends some men to prison, thereby taking away their freedom?I. How can an American protect his liberties? What steps must he take?J. Prepare a paper on one of the following subjects:The Advantages of Staying in SchoolOne Law-abiding Citizen That I KnowWhat One Man I Know Knows About the Rights and Privileges of the American Citizen Under the Constitution.Why Everyone Should Study the ConstitutionWhat a Law Is, Where It Comes From and Its Value[pg 020]II. GovernmentThe Purpose And Origin Of Government Among Men—In The United StatesIt is a little difficult even for grown people to understand clearly what is meant by“the government”. They have so many absurd notions about what the government is, and where it is, that I do not wonder that children do not understand. If I could look into the mind of each child here this morning, I am sure I would find many that picture the capitol at Washington, the President, or some other officer as being the government. Now the capitol and the President and the Congress and the Supreme Court of the United States and all other National officers are part of the government,but they are not the government.7The government of the United States is merely the agency by which and through which the people protect their own rights and liberties. Our government may be said to be the organized will of all the people. The people govern in this country, and the men and the means by which they govern all combined may be said to be the government. But do not ever forget this fact: the President is not a master, but a servant. The President, Senators, congressmen, and judges, in the Nation; the Governors, State Senators, and State Representatives in the States are only agents or servants of the people to carry out the people's will. Also do not forget that the power of government does not rest in Washington, the capital of the Nation, nor at the capitals of the different States. The power of government exists all over these United States. The power of government exists right in the homes and hearts of the people.8[pg 021]The President has no power except that conferred upon him by the Constitution and the laws which the people have adopted. Neither have the Senators, the congressmen, nor the judges any power except that given by the people, and the people at any time can take away any part of the power given. When I say the people, I mean of course all the people. Not that all the people must agree to any law to have it enacted. The majority of the people make the laws as a rule. We shall take this up later and consider it fully. Government is power to exercise authority. Authority is in the people, and the authority of the people is expressed as they want it in laws which they make.But what is government for? Why have any government?Government is organized to protect human rights.9Perhaps if you were a giant possessed of wonderful wisdom you would not need any law to protect your rights because you would be big enough, powerful enough, and wise enough to resist any person who might undertake to interfere with your rights; but we are not all giants and we are not all wise. In fact there are very few giants in the world. It is true, however, that some are bigger and stronger than others; and sometimes these big, strong people are selfish, wicked, or envious. They see that a weaker person has something which they want, and being big and strong, if there were no law to restrain them, they would take it.Now if you have a bicycle and some full-grown, strong, brutal man were to come into your yard, take your bicycle, and start away with it, what would you do? You might protest. You might beg him not to take your property, but this would probably do no good. A thief does not stop when he is asked to by the owner of the property he is stealing, nor is a thief influenced by the fact that his act is wrong. In fact doing wrong is the business of a thief.So there being many strong people in the world and many[pg 022]weak people, many wise people, and many simple people, the full grown and the children, and many, many people who are not guided by rules of right or morality or justice, you can see how necessary it is that someone shall provide rules and regulations under which the weak, the simple, and the young may be protected from the strong, the brutal, and the wicked who would deprive their neighbors of their rights or their property, simply because they had the power to do it. This is what the government does.There have been times in the world, hundreds and thousands of years, during which the strong governed the weak, made the weak their slaves, took from the weak the earnings of their toil; but our government exists for the very purpose of restraining the strong and protecting the weak, so that their rights are equal. Every man is free and no man is a slave.Therefore always keep in mind that the purpose of government is to protect the people of all classes and ages so that, so far as possible, all may be equal in their right to do the things they want to do, own the things they want to own so far as they are able to produce or procure them, think the things they want to think, and speak the things they want to speak. In other words,government is to protect our freedom against the wrongs of others.Now we must not have the notion in our mind that the government has anything to do with who shall work, or who shall play, or who shall idle. Occupations in life are not selected by the government. Each person determines this for himself. That is one of the privileges which we have in a free country, to select our own occupations; and as you go through life you will find that what appear to be the higher or better occupations are usually earned by industry, faithfulness, and honesty.10I am going to talk to you some day about occupations in[pg 023]life so that you will understand that our place in life is selected by ourselves, determined by our efforts and our conduct. I want you to start out in life with such a knowledge of these things that you will never blame your country if you do not like your job.But how did our government come into existence? What was the beginning?Well, it is all very simple if we only get right down to elementary principles, if we only“begin at the beginning”. Perhaps your father is a Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member of the American Federation of Labor. Perhaps your mother belongs to the Eastern Star, or the P. E. O. society. Perhaps you belong to some school fraternity, debating society, or neighborhood club, the Boy Scouts, or the Camp Fire Girls.Now let us go back a few years. None of these societies were in existence. Where did they come from? One day, years ago, a few men and women, or boys and girls, met perhaps in some home, or the office, and talked over the plan which perhaps had been suggested by some one present at the meeting. After discussion, it was decided to form an organization. I have no doubt that most of you have had such an experience. The beginning of each society was merely an idea in the mind of some one. He or she talked of it to some one else, and the discussion extended until enough of interested persons came together to complete an organization and give it a name.What was the first step in perfecting the society or organization? It was the preparation of a written statement of the purposes and principles of the organization, which is usually called a constitution. When the constitution was completed, usually by a committee, all those about to become members of the society met and talked it over. Changes probably were made and the constitution finally adopted. Probably[pg 024]some voted against it, but those who did vote against it recognized that they should be bound by the judgment and will of the majority.11Laws, or by-laws, as they are generally called, were then adopted to govern the conduct of the members in their relation to each other and to the society. These by-laws have been amended from time to time ever since, and perhaps at all times some of the members have believed that the by-laws should be different, but they have submitted to the will of the majority.So with the United States. There was a time less than one hundred and fifty years ago when there was no such thing on earth. A comparatively few men, representing the people of the former colonies, decided to form a Nation, and in the Constitutional Convention after months of discussion, the Constitution was adopted, and it was finally ratified by the people of the States. While many persons opposed some of the provisions of the Constitution, all submitted to the will of the majority.Thereafter, rules of conduct called laws—in your society by-laws—were adopted, and from time to time changed and extended as circumstances seemed to demand. We are going to talk about these laws in a few days.Butthere is the whole story. There is the simple beginning of this now great Nation, the most powerful on earth.So you see there is nothing mysterious about the origin of our Constitution. There is nothing mysterious about the origin or the organization of this government. The important thing to bear in mind is that it was formed by the people for themselves. Humanity, after thousands of years, had reached a point where they refused longer to be governed by a king or similar ruler.All this will become more clear to you as you understand something of the nature of liberty and of law.[pg 026]ELEMENTARY QUESTIONS1. What is the government of the United States? Why isn't the capitol at Washington the government? Why is it impossible to point out the government of the United States upon the map?2. What is a servant? Describe a servant. Why does the judge say that the President of the United States is only a servant of the people?3. Was the Kaiser a servant of the German people? Why not?4. Where does the President get his power? Where do members of Congress get their power? Judges? The Sheriff? The Mayor?5. If we do not like what our servants do, how can we control them?6. What is government in a school? In a club? What would it be like if there were no government in either? Name five advantages of having a government.7. Suppose that you were like Robinson Crusoe, except that five of you were shipwrecked. Would you form a government? Why?8. If you were tie write a constitution, what would you include?9. Suppose that a man came into your yard and tried to steal your bicycle, what could you do to protect your rights?10. Do all people do what they think is right? How can you tell what is right and wrong?ADVANCED QUESTIONSA. What is the purpose of government?B. Why is it wrong for the great and powerful to govern the small and weak? Does might make right?C. Which would be the better government, one based upon might makes right, or one based upon right makes might? Why?D. How can right make might?E. In a free country can the government prescribe what occupations in life the people must follow? How are the higher and better occupations acquired in America?F. How did the American government come into being?G. How would you organise a literary society? List the steps in detail. Would you have a constitution? What should be included in any constitution?H. Discuss the effect of a sudden breakdown in government.I. What were the first steps in the actual organisation of the government of the United States?J. Write a paper on:The Ways in Which the Postmaster, Superintendent of Schools, Sheriff, Coroner, or Judge Serves the PeopleWhy We Cannot Locate Our Government On the MapThe Advantages of Having a GovernmentWhat a Constitution Should Include[pg 027]

What Has America Done For Me And For My Children?This question may not be spoken, but it is in the hearts of millions of Americans to-day.All those who attempt to teach Americanism to foreigners,and to Americans, must be preparedto answer this question.It can only be answeredby teaching the individual guaranties of the Constitution of the United States, and of the States, which protect life and liberty and property.It can only be answeredby convincing the people that this is a land of justice and of opportunity for all; that if there be abuses, they are due not to our form of government, but that the people are themselves to blame, because of[pg 004]their ignorance of their rights, their failure to realize their power, and their neglect of those duties which citizenship imposes.All over the land earnest men and women are endeavoring to teach the great truths of Americanism, and with substantial success; but those who understand human nature realize that the faith of our fathers can only be firmly established by lighting the fires of patriotism and loyalty in the hearts of our children. Through them the great truths of our National life can be brought into the homes of the land.And the Nation will never be safe until the Constitution is carried into the homes, until at every fireside young and old shall feel a new sense of security in the guaranties which are found in this great charter of human liberty, and a new feeling of gratitude for the blessings which it assures to this, and to all future generations.

What Has America Done For Me And For My Children?

This question may not be spoken, but it is in the hearts of millions of Americans to-day.

All those who attempt to teach Americanism to foreigners,and to Americans, must be preparedto answer this question.It can only be answeredby teaching the individual guaranties of the Constitution of the United States, and of the States, which protect life and liberty and property.

It can only be answeredby convincing the people that this is a land of justice and of opportunity for all; that if there be abuses, they are due not to our form of government, but that the people are themselves to blame, because of[pg 004]their ignorance of their rights, their failure to realize their power, and their neglect of those duties which citizenship imposes.

All over the land earnest men and women are endeavoring to teach the great truths of Americanism, and with substantial success; but those who understand human nature realize that the faith of our fathers can only be firmly established by lighting the fires of patriotism and loyalty in the hearts of our children. Through them the great truths of our National life can be brought into the homes of the land.

And the Nation will never be safe until the Constitution is carried into the homes, until at every fireside young and old shall feel a new sense of security in the guaranties which are found in this great charter of human liberty, and a new feeling of gratitude for the blessings which it assures to this, and to all future generations.

About The AuthorsFor a work designed to promote education in the spirit of American citizenship it would be difficult to imagine a more competent authorship than that which has been provided for“The Short Constitution”. Either of the writers alone would have produced a book of high standing in this field; the collaboration of the two makes it a remarkable production in its adaptation to the subject for home reading, the study club, and the school curriculum. It is unique, and has justly been termed“the first real attempt to popularize Constitutional law.”Federal Judge Martin J. Wade has had a varied contact with people in his long experience as practicing attorney, district judge, member of Congress, and Judge of the United States Court. A well known Iowa publicist, he has gained nation wide fame as a public speaker and writer on Americanization and citizenship topics, basing his themes on first-hand experiences with conditions which have produced much unrest throughout the Nation. As a member of the State Council of National Defense during the World War, and as presiding judge at the trial of many obstructionists in that period, he conceived the idea of the need for a school of Americanism, to teach what our country has done for its citizens. Clearness and eloquence mark his public addresses, and have enriched the arguments and illustrations of this first book of the“Elementary Americanism Series”.Dean William F. Russell was the educational adviser sent with a group of experts by appointment of the President of the United States to advise disorganized Russia during the latter part of the World War; and also one of the five members of the China Educational Commission of North America, sent to China in 1921. His course of study in American[pg 008]citizenship, written at the request of the National Masonic Research Society for use throughout the United States, was inspired by the observation that the government in Russia, in contrast with our own, was an agency that took money for its coffers and boys for its armies and gave nothing in return. In addition to his work as Dean of the College of Education of the State University of Iowa, and his record as a widely-known lecturer on educational topics, he has found time to write school texts notable for accurate and concise statement, adapted to arousing and sustaining interest in the student mind.The authors have done more than present the facts about the Constitution of the United States, with particular emphasis on its personal guaranties. They have vitalized a topic generally thought to be dry and technical. They have succeeded in making the Constitution seem to be what it is, a factor of first importance in the daily life of the average citizen. It is not too much to say that the seed of this book should be planted in every home in America.The admirable work of annotation by Professor Chas. H. Meyerholz, Professor of Social Science in the Iowa State Teachers College, gives much additional material for elementary and advanced study. Professor Meyerholz is well known as an authoritative teacher, writer, and lecturer on subjects pertaining to government, and has done much valuable Americanization work.The elementary and advanced questions at the end of each chapter will serve as a guide to all teachers and leaders of study classes. The text of the Declaration of Independence and the Constitution of the United States, with the original capitalization and punctuation preserved, and an abridgement of a State Constitution, printed at the end of the book, are valuable for reference.The Publisher

For a work designed to promote education in the spirit of American citizenship it would be difficult to imagine a more competent authorship than that which has been provided for“The Short Constitution”. Either of the writers alone would have produced a book of high standing in this field; the collaboration of the two makes it a remarkable production in its adaptation to the subject for home reading, the study club, and the school curriculum. It is unique, and has justly been termed“the first real attempt to popularize Constitutional law.”

Federal Judge Martin J. Wade has had a varied contact with people in his long experience as practicing attorney, district judge, member of Congress, and Judge of the United States Court. A well known Iowa publicist, he has gained nation wide fame as a public speaker and writer on Americanization and citizenship topics, basing his themes on first-hand experiences with conditions which have produced much unrest throughout the Nation. As a member of the State Council of National Defense during the World War, and as presiding judge at the trial of many obstructionists in that period, he conceived the idea of the need for a school of Americanism, to teach what our country has done for its citizens. Clearness and eloquence mark his public addresses, and have enriched the arguments and illustrations of this first book of the“Elementary Americanism Series”.

Dean William F. Russell was the educational adviser sent with a group of experts by appointment of the President of the United States to advise disorganized Russia during the latter part of the World War; and also one of the five members of the China Educational Commission of North America, sent to China in 1921. His course of study in American[pg 008]citizenship, written at the request of the National Masonic Research Society for use throughout the United States, was inspired by the observation that the government in Russia, in contrast with our own, was an agency that took money for its coffers and boys for its armies and gave nothing in return. In addition to his work as Dean of the College of Education of the State University of Iowa, and his record as a widely-known lecturer on educational topics, he has found time to write school texts notable for accurate and concise statement, adapted to arousing and sustaining interest in the student mind.

The authors have done more than present the facts about the Constitution of the United States, with particular emphasis on its personal guaranties. They have vitalized a topic generally thought to be dry and technical. They have succeeded in making the Constitution seem to be what it is, a factor of first importance in the daily life of the average citizen. It is not too much to say that the seed of this book should be planted in every home in America.

The admirable work of annotation by Professor Chas. H. Meyerholz, Professor of Social Science in the Iowa State Teachers College, gives much additional material for elementary and advanced study. Professor Meyerholz is well known as an authoritative teacher, writer, and lecturer on subjects pertaining to government, and has done much valuable Americanization work.

The elementary and advanced questions at the end of each chapter will serve as a guide to all teachers and leaders of study classes. The text of the Declaration of Independence and the Constitution of the United States, with the original capitalization and punctuation preserved, and an abridgement of a State Constitution, printed at the end of the book, are valuable for reference.

The Publisher

Preface“The Short Constitution”is one of a series of volumes entitled“Elementary Americanism”, intended for use in the home, the club, the school, and in general Americanization work.It is our hope that regular courses in“Americanism”will soon be established in all schools, colleges, and universities.We use the term“Americanism”because we feel that it signifies something broader, deeper, and more appealing than any title now used in the schools in the teaching of American government, or citizenship, or the rights and duties of the citizens of the United States.We like the term“America”better than“the United States”.“The United States”suggests boundaries, codes, and constitutions.“America”suggests all these and then it suggestsspirit. Thereissuch a thing as“Americanism”. It includes all there is of information relating to our country; but it also has a soul“Americanism”relates to democracy, into which enter all the ideals, all the impulses and emotions of men, women, and children.“Americanism”teaches not only the relation of the States to the National government, and the relation of citizens to both the State and the National government, but it also teaches the relation of men, women, and children to each other.This is a government by the people, and therefore we must understand the people in order that we, the people, may govern.To arouse patriotism and loyalty we must do more than develop the powers of the mind, do more than expand the field of knowledge. We must inspire in the heart faith, confidence, and love. Men must not only learn how to govern, but they must learn how to be governed. We must not only learn to command, but also to obey. Our spirits must be so[pg 010]molded that we can submit to duly constituted authority, submission to which is the most lofty expression of American patriotism.Submission to authority in America is submission to law, for no man in this country has any authority to command or direct a fellowman, except as the law made by the people vests him with such authority.To inspire devotion to our country we must arouse in the hearts of our people a sense of gratitude for the blessings which come to us because we live in free America, gratitude for the rights and liberties which we possess, which are protected by the guaranties of a written Constitution adopted by the people themselves.There is only one way in which the average person may be brought to see what America has done for him, and that is by contrasting the rights, privileges, and opportunities which he has with those possessed by others in the same walk of life before the Constitution became the bulwark of the people against injustice and wrong.The aim of“The Short Constitution”is to present, in a form as simple as possible, a definite knowledge of all the personal guaranties of the Constitution, with an explanation of what they mean, and what they have done in the advancement of human happiness; and a brief explanation of the machinery of government provided by the Constitution.Everyone who understands human nature will admit that to mold the spirit, to inspire faith, and to excite gratitude training must begin in childhood. The child must learn:(a) What authority means.(b) The source of authority.(c) In whom authority rests: in the parent, in the teacher, and in public officers selected by the people to enforce the authority of the community, the State, and of the Nation.[pg 011](d) How the authority of the people, the community, the State, and the Nation is expressed through laws which are nothing but rules of human conduct.(e) How we should respect authority and submit to authority.(f) How and by whom those who will not yield obedience to authority out of respect will be compelled to obey by punishment.We have adopted a new method of presenting this subject. In this country authority is largely administered through the courts. Judges of the courts construe the Constitution and the laws; and, generally with the aid of a jury, determine rights and wrongs, and enforce justice through their judgments and decrees.We therefore feel that the subject“Americanism”, presented through the spoken word of a judge, will better gain and hold the attention of the pupil than in any other way. We have the teacher invite Judge Garland to deliver a series of“Talks”to the pupils, which are herein presented. By this direct method greater freedom of expression is permitted and with the aid of notes greater brevity is possible. In these“Talks”considerable apparent repetition will appear. This is essential to thorough understanding. Without reiteration it is impossible to accomplish our purpose which is not only to enlighten, but to inspire.Our endeavor is to present the subject not from the standpoint of the government, but from the standpoint of the people. Therights of the peopleare of first importance in a Nation where men, women, and children are free. The State and the Nation have no rights except those given them by the people. Strictly speaking the Nation and the States have no“rights”but only the duty to exercise certain powers in the protection of the liberties of the people.[pg 012]In America the rights of the people are supreme. The state exists for man, not man for the state.To gain substantial results we must rely largely upon the industry and enthusiasm of the instructors. We are sure they will realize that in the“upbuilding of the spirit”a proper atmosphere must be created and maintained. Doctor Steiner wisely said,“Religion cannot be taught, it must be caught”. In other words religion is of the spirit; so is patriotism.Always bear in mind that in presenting the Constitution we are teaching human rights under the Constitution.It is more than a century since the Constitution was ratified, and, so far as we have knowledge, this is the first direct attempt to translate its guaranties into the language of the ordinary man, woman, and child. We demand respect for, and loyalty to the Constitution, but the truth is that the ordinary citizen has no knowledge of the relation of the Constitution to his life or to the life of his children.The Authors

“The Short Constitution”is one of a series of volumes entitled“Elementary Americanism”, intended for use in the home, the club, the school, and in general Americanization work.

It is our hope that regular courses in“Americanism”will soon be established in all schools, colleges, and universities.

We use the term“Americanism”because we feel that it signifies something broader, deeper, and more appealing than any title now used in the schools in the teaching of American government, or citizenship, or the rights and duties of the citizens of the United States.

We like the term“America”better than“the United States”.“The United States”suggests boundaries, codes, and constitutions.“America”suggests all these and then it suggestsspirit. Thereissuch a thing as“Americanism”. It includes all there is of information relating to our country; but it also has a soul“Americanism”relates to democracy, into which enter all the ideals, all the impulses and emotions of men, women, and children.“Americanism”teaches not only the relation of the States to the National government, and the relation of citizens to both the State and the National government, but it also teaches the relation of men, women, and children to each other.

This is a government by the people, and therefore we must understand the people in order that we, the people, may govern.

To arouse patriotism and loyalty we must do more than develop the powers of the mind, do more than expand the field of knowledge. We must inspire in the heart faith, confidence, and love. Men must not only learn how to govern, but they must learn how to be governed. We must not only learn to command, but also to obey. Our spirits must be so[pg 010]molded that we can submit to duly constituted authority, submission to which is the most lofty expression of American patriotism.

Submission to authority in America is submission to law, for no man in this country has any authority to command or direct a fellowman, except as the law made by the people vests him with such authority.

To inspire devotion to our country we must arouse in the hearts of our people a sense of gratitude for the blessings which come to us because we live in free America, gratitude for the rights and liberties which we possess, which are protected by the guaranties of a written Constitution adopted by the people themselves.

There is only one way in which the average person may be brought to see what America has done for him, and that is by contrasting the rights, privileges, and opportunities which he has with those possessed by others in the same walk of life before the Constitution became the bulwark of the people against injustice and wrong.

The aim of“The Short Constitution”is to present, in a form as simple as possible, a definite knowledge of all the personal guaranties of the Constitution, with an explanation of what they mean, and what they have done in the advancement of human happiness; and a brief explanation of the machinery of government provided by the Constitution.

Everyone who understands human nature will admit that to mold the spirit, to inspire faith, and to excite gratitude training must begin in childhood. The child must learn:

(a) What authority means.(b) The source of authority.(c) In whom authority rests: in the parent, in the teacher, and in public officers selected by the people to enforce the authority of the community, the State, and of the Nation.[pg 011](d) How the authority of the people, the community, the State, and the Nation is expressed through laws which are nothing but rules of human conduct.(e) How we should respect authority and submit to authority.(f) How and by whom those who will not yield obedience to authority out of respect will be compelled to obey by punishment.

(a) What authority means.

(b) The source of authority.

(c) In whom authority rests: in the parent, in the teacher, and in public officers selected by the people to enforce the authority of the community, the State, and of the Nation.

(d) How the authority of the people, the community, the State, and the Nation is expressed through laws which are nothing but rules of human conduct.

(e) How we should respect authority and submit to authority.

(f) How and by whom those who will not yield obedience to authority out of respect will be compelled to obey by punishment.

We have adopted a new method of presenting this subject. In this country authority is largely administered through the courts. Judges of the courts construe the Constitution and the laws; and, generally with the aid of a jury, determine rights and wrongs, and enforce justice through their judgments and decrees.

We therefore feel that the subject“Americanism”, presented through the spoken word of a judge, will better gain and hold the attention of the pupil than in any other way. We have the teacher invite Judge Garland to deliver a series of“Talks”to the pupils, which are herein presented. By this direct method greater freedom of expression is permitted and with the aid of notes greater brevity is possible. In these“Talks”considerable apparent repetition will appear. This is essential to thorough understanding. Without reiteration it is impossible to accomplish our purpose which is not only to enlighten, but to inspire.

Our endeavor is to present the subject not from the standpoint of the government, but from the standpoint of the people. Therights of the peopleare of first importance in a Nation where men, women, and children are free. The State and the Nation have no rights except those given them by the people. Strictly speaking the Nation and the States have no“rights”but only the duty to exercise certain powers in the protection of the liberties of the people.

In America the rights of the people are supreme. The state exists for man, not man for the state.

To gain substantial results we must rely largely upon the industry and enthusiasm of the instructors. We are sure they will realize that in the“upbuilding of the spirit”a proper atmosphere must be created and maintained. Doctor Steiner wisely said,“Religion cannot be taught, it must be caught”. In other words religion is of the spirit; so is patriotism.Always bear in mind that in presenting the Constitution we are teaching human rights under the Constitution.

It is more than a century since the Constitution was ratified, and, so far as we have knowledge, this is the first direct attempt to translate its guaranties into the language of the ordinary man, woman, and child. We demand respect for, and loyalty to the Constitution, but the truth is that the ordinary citizen has no knowledge of the relation of the Constitution to his life or to the life of his children.

The Authors

I. The Judge's First TalkReasons For The Study Of The Constitution Of The United StatesFor several days there had been an air of expectancy about the school. At Monday's assembly the teacher had announced that she had persuaded Judge Garland to come to talk to the teachers and pupils about the Constitution of their country and about the law, the rights, the powers, and the duties of the people. A real live judge was coming! Most of the children had never seen a judge. The word inspired a sort of dread. They had read of men being sentenced to prison. They expected to see a fierce, hard-hearted man. Some of the younger children had wondered if it would be possible to stay away from the assembly room when the judge was there, but the teacher said that everyone should be present. So important was the subject that the teachers were to be there, too; and many fathers and mothers that could spare the time were also invited. The principal had said that he would not miss a meeting.So when Friday came the assembly room was crowded. All the pupils and teachers were there, and in the rear of the room were a few of the parents. The door opened and the principal of the school entered. By his side was a man whose gray hair and serious countenance told of years of responsibility. He did not appear“fierce”. Rather his face was kind and his eyes twinkled as he ascended the platform and stood looking out over the faces before him.The principal introduced Judge Garland who bowed and began his series of talks to the children.Well my friends, I am glad to see you. I am delighted to be[pg 014]back in a school room again. It is many years ago, though it seems but a short time, since as a schoolboy I sat in a school room like this, among boys and girls like you. I suppose that I studied about as you study, and did not recite any better than you recite. I thought I had to work very hard, and I remember that I often looked out of the open window of the school room when the summer sun was warm, and I thought I could hear the trees, the grass, the stream, and even the fish calling me to quit study and come out to joy and freedom. I know it was a real temptation. I could have had a good time, but I have often been glad since that I obeyed my teacher, my parents, and the law, and continued my studies in school. I am glad, because I now realize how much easier, how much happier, and how much more useful my life has been because I did not listen to the voice of temptation which called me from work to play.1Since those pleasant school days I have seen much of human life. On the bench now for over twenty-five years, I have been compelled to deal with all sorts of people, even the little children who early in life sometimes drift from the path of right to ways of wickedness. I have served as judge of the Juvenile Court, and judge of the court in which the worst criminals are tried. I have heard the cases of thousands of persons on trial for crimes, men and women, young and old. I have sent hundreds to prison, and I have been compelled to sentence some to death.In this experience, I have learned something of how easy it is, unless we are on our guard, to sin against the laws of our country, and against the laws of God. I have observed that the average person does not fully appreciate the value of liberty until he is about to lose it.2I also know that most people do not know the worth of the protection which our Constitution gives to each one of us, until someone is about to take away their right to life, or to[pg 015]liberty, or to property; and then they cry out for help. If they are right in their appeal, they always find help in the Constitution and in the law of the land. Yet it is true that there is much real ignorance about our country, our Constitution, and our laws. There is even much ignorance of these things among people who are supposed to be well educated.So I was pleased when your teacher came to me the other day asking me to come to your school a couple of times a week, to talk to you about our country, our Constitution, and our laws. I am happy to be able to comply with her request. It is a difficult subject for children, yet children must study these things, and learn them. There is no more important subject.3One of the chief objects of furnishing free education to children, rich and poor, is to make of them good law-abiding citizens; citizens who know what authority is; citizens who will obey the voice of authority; citizens who realize that authority in this country rests in the people themselves; citizens, men and women, who realize that they owe a duty to their country and their fellowmen to do all they can to keep America the most free and the most just country in the world.4No American child should leave school without a full knowledge of the government of our country; nor until he has in his heart loyal devotion to America, and to the Stars and Stripes, the emblem of the free.Of course I do not expect you to learn all there is to be known about your government. However I do expect you to know the great fundamental truths which after all are very simple and easily understood.I am not endeavoring to make lawyers. I am not trying to train you to become lawyers. You know nearly all the children in the American schools have to learn something about physiology and hygiene, but not in order to become doctors. They study physiology and hygiene in order to[pg 016]understand the ordinary rules of health, so that they may protect themselves as far as possible against disease and take care of their bodies intelligently. Of course sickness will come. Then you must call the doctor.Well, so it is in this course. I want you to know enough about your government, your Constitution, and your laws—because these things are yours—so that you, as members of this great society called America, will be able to understand your rights and duties, your privileges, your opportunities, and your obligations. Sometime in your life your problem may become so difficult, or your rights may become so endangered, that you will have to call upon a lawyer, just as when illness comes you call upon your physician.5No one knows anything of real worth about his country until he knows its Constitution. No one can have in his heart a full measure of gratitude for the blessings of living in a free country, until he knows of how fully the Constitution guards every right and privilege which we hold dear. So we shall enter upon the study of the Constitution of our country.But in order that you may better understand the Constitution of your country, in order that you may better study the problems which will be presented to you in this course, it is necessary for you to understand something, in a general way at least, of four separate things—Government,Liberty,Authority, andLaw. So before talking to you of the Constitution, I shall talk to you on these subjects.6I know it will not be easy for you at first to understand some of the words and expressions which it is necessary for me to use. It will be necessary for me to repeat to some extent, from time to time, but I feel satisfied that if we will work together in the right spirit, you will find the matter interesting; and I am sure that the great truths, the great principles of life, conduct, and action will soon become clear to your minds.[pg 017]The important thing to realize at all times is that we are not talking about something away off in which we have slight interest, but that we are talking of things which are ours, which affect every one of us, not in the future, but now.I can recall a number of faces of men who have been before my court charged with crimes, who in childhood were sitting where you are sitting to-day. I have sentenced some of them to long terms of years in the penitentiary. I was compelled to take away from them their liberty, because they had shown themselves unworthy, and had shown themselves rebels against the authority of their country.On the other hand, I recall those who came into court seeking protection of their rights against wrongdoers—against those who would take away their property, the earnings perhaps of a lifetime; and in court they found protection, justice, and right. But in administering justice and right, the court was only applying the principles of the Constitution of our country which we are about to study.So let us enter upon this work with a determination to succeed in our undertaking. You know that has a great deal to do with our success in life—a determination to succeed.When you boys take your baseball team to play the team of some other school, you start for the baseball park determined to win the game; and, if you keep up this spirit, you probably will win the game. In any event, you play a real game of which your friends are proud. That is the way to meet all the problems of life, whether in the school room, or out in the world after you have entered upon the great battles of life.[pg 018]ELEMENTARY QUESTIONS1. Did you ever see a judge? Would you be afraid of a judge? Why?2. What are the duties of a judge?[pg 019]3. Why did the judge say,“But I have often been glad since, that I obeyed my teacher, my parents, and the law, and continued my studies in school”? Why do boys and girls go to school? Why is the public willing to pay large sums of money to pay teachers, buy books, build school buildings, and keep them open?4. What law was it that the judge said he was glad that he had obeyed?5. Why did the judge send hundreds to prison? Why was he compelled to sentence some to death?6. What are the advantages of staying in school? What more do you know when you graduate from elementary school than those who quit earlier? Should one try to graduate from high school? Why?7. The judge says that one of the chief purposes of school is to make good, law-abiding citizens. Think of some person you know who is a“good, law-abiding citizen”; think of some one who is not; name five ways in which they are different.8. Have you read the Constitution of the United States? Should a good, law-abiding citizen know what is in the Constitution of the United States?9. The judge says that we owe a duty to our country. List five duties that a school pupil owes to his father and mother, five that he owes to his teacher, and, if you can, list five duties that all of us owe to our country.10. The judge says that the Constitution guards every right and privilege that we hold dear. Can you name any rights or privileges that you hold dear?ADVANCED QUESTIONSA. Why do we say that the United States is the“land of the free”? Why does the judge say that it is the most free and just country in the world?B. How are judges selected? To whom are they responsible? What are their duties?C. What are likely to be the results of poor schools?D. Should a parent have a right to give a child as poor an education or as little schooling as he may desire?E. Why do some States require children to study physiology and hygiene? Is there as good an argument for a study of the Constitution?F. Why does the judge say,“No one knows anything of real worth about his country until he knows its Constitution”?G. The judge says that good citizens know what authority is. Give an illustration of a child, a student, and a citizen who knows what authority is. Define authority. Give an illustration of a man who does not respect authority.H. When is a country a“free country”? What is a“just country”? How can a judge justify himself in a free country when he sends some men to prison, thereby taking away their freedom?I. How can an American protect his liberties? What steps must he take?J. Prepare a paper on one of the following subjects:The Advantages of Staying in SchoolOne Law-abiding Citizen That I KnowWhat One Man I Know Knows About the Rights and Privileges of the American Citizen Under the Constitution.Why Everyone Should Study the ConstitutionWhat a Law Is, Where It Comes From and Its Value

For several days there had been an air of expectancy about the school. At Monday's assembly the teacher had announced that she had persuaded Judge Garland to come to talk to the teachers and pupils about the Constitution of their country and about the law, the rights, the powers, and the duties of the people. A real live judge was coming! Most of the children had never seen a judge. The word inspired a sort of dread. They had read of men being sentenced to prison. They expected to see a fierce, hard-hearted man. Some of the younger children had wondered if it would be possible to stay away from the assembly room when the judge was there, but the teacher said that everyone should be present. So important was the subject that the teachers were to be there, too; and many fathers and mothers that could spare the time were also invited. The principal had said that he would not miss a meeting.

So when Friday came the assembly room was crowded. All the pupils and teachers were there, and in the rear of the room were a few of the parents. The door opened and the principal of the school entered. By his side was a man whose gray hair and serious countenance told of years of responsibility. He did not appear“fierce”. Rather his face was kind and his eyes twinkled as he ascended the platform and stood looking out over the faces before him.

The principal introduced Judge Garland who bowed and began his series of talks to the children.

Well my friends, I am glad to see you. I am delighted to be[pg 014]back in a school room again. It is many years ago, though it seems but a short time, since as a schoolboy I sat in a school room like this, among boys and girls like you. I suppose that I studied about as you study, and did not recite any better than you recite. I thought I had to work very hard, and I remember that I often looked out of the open window of the school room when the summer sun was warm, and I thought I could hear the trees, the grass, the stream, and even the fish calling me to quit study and come out to joy and freedom. I know it was a real temptation. I could have had a good time, but I have often been glad since that I obeyed my teacher, my parents, and the law, and continued my studies in school. I am glad, because I now realize how much easier, how much happier, and how much more useful my life has been because I did not listen to the voice of temptation which called me from work to play.1

Since those pleasant school days I have seen much of human life. On the bench now for over twenty-five years, I have been compelled to deal with all sorts of people, even the little children who early in life sometimes drift from the path of right to ways of wickedness. I have served as judge of the Juvenile Court, and judge of the court in which the worst criminals are tried. I have heard the cases of thousands of persons on trial for crimes, men and women, young and old. I have sent hundreds to prison, and I have been compelled to sentence some to death.

In this experience, I have learned something of how easy it is, unless we are on our guard, to sin against the laws of our country, and against the laws of God. I have observed that the average person does not fully appreciate the value of liberty until he is about to lose it.2

I also know that most people do not know the worth of the protection which our Constitution gives to each one of us, until someone is about to take away their right to life, or to[pg 015]liberty, or to property; and then they cry out for help. If they are right in their appeal, they always find help in the Constitution and in the law of the land. Yet it is true that there is much real ignorance about our country, our Constitution, and our laws. There is even much ignorance of these things among people who are supposed to be well educated.

So I was pleased when your teacher came to me the other day asking me to come to your school a couple of times a week, to talk to you about our country, our Constitution, and our laws. I am happy to be able to comply with her request. It is a difficult subject for children, yet children must study these things, and learn them. There is no more important subject.3

One of the chief objects of furnishing free education to children, rich and poor, is to make of them good law-abiding citizens; citizens who know what authority is; citizens who will obey the voice of authority; citizens who realize that authority in this country rests in the people themselves; citizens, men and women, who realize that they owe a duty to their country and their fellowmen to do all they can to keep America the most free and the most just country in the world.4

No American child should leave school without a full knowledge of the government of our country; nor until he has in his heart loyal devotion to America, and to the Stars and Stripes, the emblem of the free.

Of course I do not expect you to learn all there is to be known about your government. However I do expect you to know the great fundamental truths which after all are very simple and easily understood.

I am not endeavoring to make lawyers. I am not trying to train you to become lawyers. You know nearly all the children in the American schools have to learn something about physiology and hygiene, but not in order to become doctors. They study physiology and hygiene in order to[pg 016]understand the ordinary rules of health, so that they may protect themselves as far as possible against disease and take care of their bodies intelligently. Of course sickness will come. Then you must call the doctor.

Well, so it is in this course. I want you to know enough about your government, your Constitution, and your laws—because these things are yours—so that you, as members of this great society called America, will be able to understand your rights and duties, your privileges, your opportunities, and your obligations. Sometime in your life your problem may become so difficult, or your rights may become so endangered, that you will have to call upon a lawyer, just as when illness comes you call upon your physician.5

No one knows anything of real worth about his country until he knows its Constitution. No one can have in his heart a full measure of gratitude for the blessings of living in a free country, until he knows of how fully the Constitution guards every right and privilege which we hold dear. So we shall enter upon the study of the Constitution of our country.

But in order that you may better understand the Constitution of your country, in order that you may better study the problems which will be presented to you in this course, it is necessary for you to understand something, in a general way at least, of four separate things—Government,Liberty,Authority, andLaw. So before talking to you of the Constitution, I shall talk to you on these subjects.6

I know it will not be easy for you at first to understand some of the words and expressions which it is necessary for me to use. It will be necessary for me to repeat to some extent, from time to time, but I feel satisfied that if we will work together in the right spirit, you will find the matter interesting; and I am sure that the great truths, the great principles of life, conduct, and action will soon become clear to your minds.

The important thing to realize at all times is that we are not talking about something away off in which we have slight interest, but that we are talking of things which are ours, which affect every one of us, not in the future, but now.

I can recall a number of faces of men who have been before my court charged with crimes, who in childhood were sitting where you are sitting to-day. I have sentenced some of them to long terms of years in the penitentiary. I was compelled to take away from them their liberty, because they had shown themselves unworthy, and had shown themselves rebels against the authority of their country.

On the other hand, I recall those who came into court seeking protection of their rights against wrongdoers—against those who would take away their property, the earnings perhaps of a lifetime; and in court they found protection, justice, and right. But in administering justice and right, the court was only applying the principles of the Constitution of our country which we are about to study.

So let us enter upon this work with a determination to succeed in our undertaking. You know that has a great deal to do with our success in life—a determination to succeed.

When you boys take your baseball team to play the team of some other school, you start for the baseball park determined to win the game; and, if you keep up this spirit, you probably will win the game. In any event, you play a real game of which your friends are proud. That is the way to meet all the problems of life, whether in the school room, or out in the world after you have entered upon the great battles of life.

ELEMENTARY QUESTIONS

1. Did you ever see a judge? Would you be afraid of a judge? Why?

2. What are the duties of a judge?

3. Why did the judge say,“But I have often been glad since, that I obeyed my teacher, my parents, and the law, and continued my studies in school”? Why do boys and girls go to school? Why is the public willing to pay large sums of money to pay teachers, buy books, build school buildings, and keep them open?

4. What law was it that the judge said he was glad that he had obeyed?

5. Why did the judge send hundreds to prison? Why was he compelled to sentence some to death?

6. What are the advantages of staying in school? What more do you know when you graduate from elementary school than those who quit earlier? Should one try to graduate from high school? Why?

7. The judge says that one of the chief purposes of school is to make good, law-abiding citizens. Think of some person you know who is a“good, law-abiding citizen”; think of some one who is not; name five ways in which they are different.

8. Have you read the Constitution of the United States? Should a good, law-abiding citizen know what is in the Constitution of the United States?

9. The judge says that we owe a duty to our country. List five duties that a school pupil owes to his father and mother, five that he owes to his teacher, and, if you can, list five duties that all of us owe to our country.

10. The judge says that the Constitution guards every right and privilege that we hold dear. Can you name any rights or privileges that you hold dear?

ADVANCED QUESTIONS

A. Why do we say that the United States is the“land of the free”? Why does the judge say that it is the most free and just country in the world?

B. How are judges selected? To whom are they responsible? What are their duties?

C. What are likely to be the results of poor schools?

D. Should a parent have a right to give a child as poor an education or as little schooling as he may desire?

E. Why do some States require children to study physiology and hygiene? Is there as good an argument for a study of the Constitution?

F. Why does the judge say,“No one knows anything of real worth about his country until he knows its Constitution”?

G. The judge says that good citizens know what authority is. Give an illustration of a child, a student, and a citizen who knows what authority is. Define authority. Give an illustration of a man who does not respect authority.

H. When is a country a“free country”? What is a“just country”? How can a judge justify himself in a free country when he sends some men to prison, thereby taking away their freedom?

I. How can an American protect his liberties? What steps must he take?

J. Prepare a paper on one of the following subjects:

The Advantages of Staying in SchoolOne Law-abiding Citizen That I KnowWhat One Man I Know Knows About the Rights and Privileges of the American Citizen Under the Constitution.Why Everyone Should Study the ConstitutionWhat a Law Is, Where It Comes From and Its Value

The Advantages of Staying in School

One Law-abiding Citizen That I Know

What One Man I Know Knows About the Rights and Privileges of the American Citizen Under the Constitution.

Why Everyone Should Study the Constitution

What a Law Is, Where It Comes From and Its Value

II. GovernmentThe Purpose And Origin Of Government Among Men—In The United StatesIt is a little difficult even for grown people to understand clearly what is meant by“the government”. They have so many absurd notions about what the government is, and where it is, that I do not wonder that children do not understand. If I could look into the mind of each child here this morning, I am sure I would find many that picture the capitol at Washington, the President, or some other officer as being the government. Now the capitol and the President and the Congress and the Supreme Court of the United States and all other National officers are part of the government,but they are not the government.7The government of the United States is merely the agency by which and through which the people protect their own rights and liberties. Our government may be said to be the organized will of all the people. The people govern in this country, and the men and the means by which they govern all combined may be said to be the government. But do not ever forget this fact: the President is not a master, but a servant. The President, Senators, congressmen, and judges, in the Nation; the Governors, State Senators, and State Representatives in the States are only agents or servants of the people to carry out the people's will. Also do not forget that the power of government does not rest in Washington, the capital of the Nation, nor at the capitals of the different States. The power of government exists all over these United States. The power of government exists right in the homes and hearts of the people.8[pg 021]The President has no power except that conferred upon him by the Constitution and the laws which the people have adopted. Neither have the Senators, the congressmen, nor the judges any power except that given by the people, and the people at any time can take away any part of the power given. When I say the people, I mean of course all the people. Not that all the people must agree to any law to have it enacted. The majority of the people make the laws as a rule. We shall take this up later and consider it fully. Government is power to exercise authority. Authority is in the people, and the authority of the people is expressed as they want it in laws which they make.But what is government for? Why have any government?Government is organized to protect human rights.9Perhaps if you were a giant possessed of wonderful wisdom you would not need any law to protect your rights because you would be big enough, powerful enough, and wise enough to resist any person who might undertake to interfere with your rights; but we are not all giants and we are not all wise. In fact there are very few giants in the world. It is true, however, that some are bigger and stronger than others; and sometimes these big, strong people are selfish, wicked, or envious. They see that a weaker person has something which they want, and being big and strong, if there were no law to restrain them, they would take it.Now if you have a bicycle and some full-grown, strong, brutal man were to come into your yard, take your bicycle, and start away with it, what would you do? You might protest. You might beg him not to take your property, but this would probably do no good. A thief does not stop when he is asked to by the owner of the property he is stealing, nor is a thief influenced by the fact that his act is wrong. In fact doing wrong is the business of a thief.So there being many strong people in the world and many[pg 022]weak people, many wise people, and many simple people, the full grown and the children, and many, many people who are not guided by rules of right or morality or justice, you can see how necessary it is that someone shall provide rules and regulations under which the weak, the simple, and the young may be protected from the strong, the brutal, and the wicked who would deprive their neighbors of their rights or their property, simply because they had the power to do it. This is what the government does.There have been times in the world, hundreds and thousands of years, during which the strong governed the weak, made the weak their slaves, took from the weak the earnings of their toil; but our government exists for the very purpose of restraining the strong and protecting the weak, so that their rights are equal. Every man is free and no man is a slave.Therefore always keep in mind that the purpose of government is to protect the people of all classes and ages so that, so far as possible, all may be equal in their right to do the things they want to do, own the things they want to own so far as they are able to produce or procure them, think the things they want to think, and speak the things they want to speak. In other words,government is to protect our freedom against the wrongs of others.Now we must not have the notion in our mind that the government has anything to do with who shall work, or who shall play, or who shall idle. Occupations in life are not selected by the government. Each person determines this for himself. That is one of the privileges which we have in a free country, to select our own occupations; and as you go through life you will find that what appear to be the higher or better occupations are usually earned by industry, faithfulness, and honesty.10I am going to talk to you some day about occupations in[pg 023]life so that you will understand that our place in life is selected by ourselves, determined by our efforts and our conduct. I want you to start out in life with such a knowledge of these things that you will never blame your country if you do not like your job.But how did our government come into existence? What was the beginning?Well, it is all very simple if we only get right down to elementary principles, if we only“begin at the beginning”. Perhaps your father is a Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member of the American Federation of Labor. Perhaps your mother belongs to the Eastern Star, or the P. E. O. society. Perhaps you belong to some school fraternity, debating society, or neighborhood club, the Boy Scouts, or the Camp Fire Girls.Now let us go back a few years. None of these societies were in existence. Where did they come from? One day, years ago, a few men and women, or boys and girls, met perhaps in some home, or the office, and talked over the plan which perhaps had been suggested by some one present at the meeting. After discussion, it was decided to form an organization. I have no doubt that most of you have had such an experience. The beginning of each society was merely an idea in the mind of some one. He or she talked of it to some one else, and the discussion extended until enough of interested persons came together to complete an organization and give it a name.What was the first step in perfecting the society or organization? It was the preparation of a written statement of the purposes and principles of the organization, which is usually called a constitution. When the constitution was completed, usually by a committee, all those about to become members of the society met and talked it over. Changes probably were made and the constitution finally adopted. Probably[pg 024]some voted against it, but those who did vote against it recognized that they should be bound by the judgment and will of the majority.11Laws, or by-laws, as they are generally called, were then adopted to govern the conduct of the members in their relation to each other and to the society. These by-laws have been amended from time to time ever since, and perhaps at all times some of the members have believed that the by-laws should be different, but they have submitted to the will of the majority.So with the United States. There was a time less than one hundred and fifty years ago when there was no such thing on earth. A comparatively few men, representing the people of the former colonies, decided to form a Nation, and in the Constitutional Convention after months of discussion, the Constitution was adopted, and it was finally ratified by the people of the States. While many persons opposed some of the provisions of the Constitution, all submitted to the will of the majority.Thereafter, rules of conduct called laws—in your society by-laws—were adopted, and from time to time changed and extended as circumstances seemed to demand. We are going to talk about these laws in a few days.Butthere is the whole story. There is the simple beginning of this now great Nation, the most powerful on earth.So you see there is nothing mysterious about the origin of our Constitution. There is nothing mysterious about the origin or the organization of this government. The important thing to bear in mind is that it was formed by the people for themselves. Humanity, after thousands of years, had reached a point where they refused longer to be governed by a king or similar ruler.All this will become more clear to you as you understand something of the nature of liberty and of law.[pg 026]ELEMENTARY QUESTIONS1. What is the government of the United States? Why isn't the capitol at Washington the government? Why is it impossible to point out the government of the United States upon the map?2. What is a servant? Describe a servant. Why does the judge say that the President of the United States is only a servant of the people?3. Was the Kaiser a servant of the German people? Why not?4. Where does the President get his power? Where do members of Congress get their power? Judges? The Sheriff? The Mayor?5. If we do not like what our servants do, how can we control them?6. What is government in a school? In a club? What would it be like if there were no government in either? Name five advantages of having a government.7. Suppose that you were like Robinson Crusoe, except that five of you were shipwrecked. Would you form a government? Why?8. If you were tie write a constitution, what would you include?9. Suppose that a man came into your yard and tried to steal your bicycle, what could you do to protect your rights?10. Do all people do what they think is right? How can you tell what is right and wrong?ADVANCED QUESTIONSA. What is the purpose of government?B. Why is it wrong for the great and powerful to govern the small and weak? Does might make right?C. Which would be the better government, one based upon might makes right, or one based upon right makes might? Why?D. How can right make might?E. In a free country can the government prescribe what occupations in life the people must follow? How are the higher and better occupations acquired in America?F. How did the American government come into being?G. How would you organise a literary society? List the steps in detail. Would you have a constitution? What should be included in any constitution?H. Discuss the effect of a sudden breakdown in government.I. What were the first steps in the actual organisation of the government of the United States?J. Write a paper on:The Ways in Which the Postmaster, Superintendent of Schools, Sheriff, Coroner, or Judge Serves the PeopleWhy We Cannot Locate Our Government On the MapThe Advantages of Having a GovernmentWhat a Constitution Should Include

It is a little difficult even for grown people to understand clearly what is meant by“the government”. They have so many absurd notions about what the government is, and where it is, that I do not wonder that children do not understand. If I could look into the mind of each child here this morning, I am sure I would find many that picture the capitol at Washington, the President, or some other officer as being the government. Now the capitol and the President and the Congress and the Supreme Court of the United States and all other National officers are part of the government,but they are not the government.7

The government of the United States is merely the agency by which and through which the people protect their own rights and liberties. Our government may be said to be the organized will of all the people. The people govern in this country, and the men and the means by which they govern all combined may be said to be the government. But do not ever forget this fact: the President is not a master, but a servant. The President, Senators, congressmen, and judges, in the Nation; the Governors, State Senators, and State Representatives in the States are only agents or servants of the people to carry out the people's will. Also do not forget that the power of government does not rest in Washington, the capital of the Nation, nor at the capitals of the different States. The power of government exists all over these United States. The power of government exists right in the homes and hearts of the people.8

The President has no power except that conferred upon him by the Constitution and the laws which the people have adopted. Neither have the Senators, the congressmen, nor the judges any power except that given by the people, and the people at any time can take away any part of the power given. When I say the people, I mean of course all the people. Not that all the people must agree to any law to have it enacted. The majority of the people make the laws as a rule. We shall take this up later and consider it fully. Government is power to exercise authority. Authority is in the people, and the authority of the people is expressed as they want it in laws which they make.

But what is government for? Why have any government?

Government is organized to protect human rights.9Perhaps if you were a giant possessed of wonderful wisdom you would not need any law to protect your rights because you would be big enough, powerful enough, and wise enough to resist any person who might undertake to interfere with your rights; but we are not all giants and we are not all wise. In fact there are very few giants in the world. It is true, however, that some are bigger and stronger than others; and sometimes these big, strong people are selfish, wicked, or envious. They see that a weaker person has something which they want, and being big and strong, if there were no law to restrain them, they would take it.

Now if you have a bicycle and some full-grown, strong, brutal man were to come into your yard, take your bicycle, and start away with it, what would you do? You might protest. You might beg him not to take your property, but this would probably do no good. A thief does not stop when he is asked to by the owner of the property he is stealing, nor is a thief influenced by the fact that his act is wrong. In fact doing wrong is the business of a thief.

So there being many strong people in the world and many[pg 022]weak people, many wise people, and many simple people, the full grown and the children, and many, many people who are not guided by rules of right or morality or justice, you can see how necessary it is that someone shall provide rules and regulations under which the weak, the simple, and the young may be protected from the strong, the brutal, and the wicked who would deprive their neighbors of their rights or their property, simply because they had the power to do it. This is what the government does.

There have been times in the world, hundreds and thousands of years, during which the strong governed the weak, made the weak their slaves, took from the weak the earnings of their toil; but our government exists for the very purpose of restraining the strong and protecting the weak, so that their rights are equal. Every man is free and no man is a slave.

Therefore always keep in mind that the purpose of government is to protect the people of all classes and ages so that, so far as possible, all may be equal in their right to do the things they want to do, own the things they want to own so far as they are able to produce or procure them, think the things they want to think, and speak the things they want to speak. In other words,government is to protect our freedom against the wrongs of others.

Now we must not have the notion in our mind that the government has anything to do with who shall work, or who shall play, or who shall idle. Occupations in life are not selected by the government. Each person determines this for himself. That is one of the privileges which we have in a free country, to select our own occupations; and as you go through life you will find that what appear to be the higher or better occupations are usually earned by industry, faithfulness, and honesty.10

I am going to talk to you some day about occupations in[pg 023]life so that you will understand that our place in life is selected by ourselves, determined by our efforts and our conduct. I want you to start out in life with such a knowledge of these things that you will never blame your country if you do not like your job.

But how did our government come into existence? What was the beginning?Well, it is all very simple if we only get right down to elementary principles, if we only“begin at the beginning”. Perhaps your father is a Woodman, or an Odd Fellow, or a Knight of Columbus. Perhaps he is a member of the American Federation of Labor. Perhaps your mother belongs to the Eastern Star, or the P. E. O. society. Perhaps you belong to some school fraternity, debating society, or neighborhood club, the Boy Scouts, or the Camp Fire Girls.

Now let us go back a few years. None of these societies were in existence. Where did they come from? One day, years ago, a few men and women, or boys and girls, met perhaps in some home, or the office, and talked over the plan which perhaps had been suggested by some one present at the meeting. After discussion, it was decided to form an organization. I have no doubt that most of you have had such an experience. The beginning of each society was merely an idea in the mind of some one. He or she talked of it to some one else, and the discussion extended until enough of interested persons came together to complete an organization and give it a name.

What was the first step in perfecting the society or organization? It was the preparation of a written statement of the purposes and principles of the organization, which is usually called a constitution. When the constitution was completed, usually by a committee, all those about to become members of the society met and talked it over. Changes probably were made and the constitution finally adopted. Probably[pg 024]some voted against it, but those who did vote against it recognized that they should be bound by the judgment and will of the majority.11

Laws, or by-laws, as they are generally called, were then adopted to govern the conduct of the members in their relation to each other and to the society. These by-laws have been amended from time to time ever since, and perhaps at all times some of the members have believed that the by-laws should be different, but they have submitted to the will of the majority.

So with the United States. There was a time less than one hundred and fifty years ago when there was no such thing on earth. A comparatively few men, representing the people of the former colonies, decided to form a Nation, and in the Constitutional Convention after months of discussion, the Constitution was adopted, and it was finally ratified by the people of the States. While many persons opposed some of the provisions of the Constitution, all submitted to the will of the majority.

Thereafter, rules of conduct called laws—in your society by-laws—were adopted, and from time to time changed and extended as circumstances seemed to demand. We are going to talk about these laws in a few days.

Butthere is the whole story. There is the simple beginning of this now great Nation, the most powerful on earth.

So you see there is nothing mysterious about the origin of our Constitution. There is nothing mysterious about the origin or the organization of this government. The important thing to bear in mind is that it was formed by the people for themselves. Humanity, after thousands of years, had reached a point where they refused longer to be governed by a king or similar ruler.

All this will become more clear to you as you understand something of the nature of liberty and of law.

ELEMENTARY QUESTIONS

1. What is the government of the United States? Why isn't the capitol at Washington the government? Why is it impossible to point out the government of the United States upon the map?

2. What is a servant? Describe a servant. Why does the judge say that the President of the United States is only a servant of the people?

3. Was the Kaiser a servant of the German people? Why not?

4. Where does the President get his power? Where do members of Congress get their power? Judges? The Sheriff? The Mayor?

5. If we do not like what our servants do, how can we control them?

6. What is government in a school? In a club? What would it be like if there were no government in either? Name five advantages of having a government.

7. Suppose that you were like Robinson Crusoe, except that five of you were shipwrecked. Would you form a government? Why?

8. If you were tie write a constitution, what would you include?

9. Suppose that a man came into your yard and tried to steal your bicycle, what could you do to protect your rights?

10. Do all people do what they think is right? How can you tell what is right and wrong?

ADVANCED QUESTIONS

A. What is the purpose of government?

B. Why is it wrong for the great and powerful to govern the small and weak? Does might make right?

C. Which would be the better government, one based upon might makes right, or one based upon right makes might? Why?

D. How can right make might?

E. In a free country can the government prescribe what occupations in life the people must follow? How are the higher and better occupations acquired in America?

F. How did the American government come into being?

G. How would you organise a literary society? List the steps in detail. Would you have a constitution? What should be included in any constitution?

H. Discuss the effect of a sudden breakdown in government.

I. What were the first steps in the actual organisation of the government of the United States?

J. Write a paper on:

The Ways in Which the Postmaster, Superintendent of Schools, Sheriff, Coroner, or Judge Serves the PeopleWhy We Cannot Locate Our Government On the MapThe Advantages of Having a GovernmentWhat a Constitution Should Include

The Ways in Which the Postmaster, Superintendent of Schools, Sheriff, Coroner, or Judge Serves the People

Why We Cannot Locate Our Government On the Map

The Advantages of Having a Government

What a Constitution Should Include

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