Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-24

There are forty-six states in the
American union and each one has a
written constitution. Two territories
are apparently standing on the verge
Of admission, and the first essential to
this long sought cOnsummation Is for
each of them to adopt a written con-
stitution. BY a constitution is meant
the aggregation of fundamental prin-
ciples underlying, a form Of govern
ment. defining alike the privileges and
duties of those who rule and the rights
and obligations of those who are ruled
A constitution Is not an essential
feature in every form of government.
An autocracy, like Russia, has no con-
stltution. The system of government
Is not based upon fundamental prin-
ciples, but on the will of the ear.
Absolutism characterizes all savage,
barbar0us and semi-ciViliZed peoples
of today, as il characterized nearly oil
governments Of antiquity. Com
stitutional government Is a
growth Of modern times, be-
ing the essential concomitant
OF the development Of democracy.
The first hint Of the constitutional
idea is 20 be found in the old Jewish
covenant. After their escape from
bondage i'm Egypt Moses instituted Tor
the Jews a government i'm which Goa
was King. The covenant was an
agreement. a mutually binding contract
between Jehovah and the people. Each
party to the contract bound Itself to
the performance Of certain important
things as regarded the other party. 1t
was the embroyo of a constitution.
Among ancient Europeon nations, the
Romans possessed this idea of con-
tract. or mutual engagement. more
largely than did any other. They
made practical application of 1t both
in the daily relations of life and in the
essential features Of their government
Witness the agreements of contracts
made at different times between the
pntricians and the plebians. II the
well defined duties and privileges 81
the different classes in the complex
society OF the days Of the empire. Ro-
man law has continued to the present
time, and enters largely into the turis-
prudence OF every civilized nation.
Rome, however, fell far short of hav-
ing n constitution. as the term is used
IN Our day.
A constitution need not necessarily
he written. The fundamental prin-
ciples of government in any nation may
have gradually grown up through the
course Of time. and nave crystalized
into customs and precedents. so that
without n wing been committed to
writing. the respective rights and dut-
les OF the government and the people,
together with the modes of procedure
shall be rs well known as though
written in a DOC or craven on tables
of brass. Great Britain has no written
constitution. the United states has,;
vet the Britain government Is every
whit as constitutional as our own.
An unwritten constitution is said to
be flexible, because il can easily ne
changed by the legislative power; a
written constitution Is said TO be rigid,
because the Legislative power cannot
change II. Appeal must be had to the
sovereign power. For example; when
Great Britain wanted to tax Incomes
parliament passed a law 10 that et-
| feet. and the law at once became a
part of the constitution-the supreme
law of the land. When the people of
the United states wanted to tax IN
comes for federal revenue, congress
passed a law TO that effect. The SUI
preme court decided it 10 be in conflict
with the written constitution. Con-