Author: Charles K. Burdick

Publisher: Forgotten Books

Published: 2018-02-08

Total Pages: 706

ISBN-13: 9780656124718

Excerpt from The Law of the American Constitution, Vol. 1: Its Origin and Development The American federal system is based upon the Consti tution of the United States. That instrument was adopted to make more perfect the union which, having had its beginning in the common allegiance of the colonies to the British Crown during the war for independence, was welded closer by the necessity for common action, and found its first constitutional expression in the Articles of Confedera tion. Nineteen articles of amendment have been added to the Constitution in the hundred and thirty-four years since its adoption. It is hoped that in the first three chapters of this book a clear picture is given of the making of the Constitution, of the nature of the federal system which was set up, and of the principles which underlie the amending power. The Constitution of the United States first of all estab lishes a national government, and sets off to it certain fields in which it shall be supreme, at the same time imposing upon it certain specific prohibitions and restrictions. It was, however, very far from the purpose of the framers of that instrument to do away with the separate States or to reduce them to mere administrative units. Yet the grants of powers to the national government did of necessity operate as limitations upon the previous sovereign powers of the States; and to these implied limitations were added others which are express. In the second part of this book, I have dealt with the national government in its executive, judicial, and legislative departments, discussing the powers which are granted to each of them, and the limitations which are placed upon their activities. In Part III are con sidered the restrictions placed upon the States, and the extent of the powers which may still be exercised by them. It is believed that this is a logical method of treatment, and it is hoped that it will help to make clear the division of powers between the national and state governments under our federal system. No attempt has been made to treat of the powers of the States under their individual constitutions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.