The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-01-21

of the Constitution. It is not reason
able TO expect of the applicant a knowl-
edge such as would qualify a law stu.
dent for admission to the bar; he is
not qualifying as constitutional
lawyer but as citizen as well in
formed at least as an ordinary school
boy of our intermediate school grades.
The following are ventured as sugges.
tons Of what these general, basic prin-
ciples are.
Chart for Government.
Our Constitution is, in the immortal
phrase of one whose great work was
not only to preserve it but to extend
it and to save it from inconsistency,
the chart for government "of the PEG.
pie, by the people, for the people,"
We have, therefore, an organized gov
eminent to which we are all subject
and in which we all Tor those of us on
whom we have conferred the voting
privilege participate in choosing those
officers who are to carry out its prin-
ciples. 1t is government in which
equality is the prime factor-equality
in respect to life, liberty, contracts,
and property, each of which this Con-
stitution takes the greatest pains to
secure and protect. Thus, for instance,
the government can not take away
the property of any of us without pay
ing a fair price for it; it can not put
a man in prison except by certain pro-
cedure which shall insure, so far as
human devices may reasonably insure,
against injustice and oppression. By
our government no title of nobility may
be granted. And no bill of attainder
may be passed by congress or by any
State legislature, that is, no enactment
charging a person with criminal mis-
conduct, convicting him thereof, and
condemning him to death, with forfeit
ture of his property. Nor can an act
Cor omission) which was not unlawful
when done Cor not done) be made
criminal by statute, nor can the punish
ment for a past act be made greater
than the law provided at the time of
its commission. Such prohibited laws
are called by the Constitution ex post
facto laws. In other words, the people
are entitled to govern their conduct of
the day by the law as it is then writ
ten in the books.
The government under the Constitu-
ton is one of powers which the States
have delegated, the States retaining
all powers which are not so delegated
and which are not set forth in that in
strument.
Has Three Divisions.
Our government has three great di-
visions. First, the legislative, or law
making department, which is congress,
made up of the house of representa-
4 L.. In
and the senate, chosen by the legisla.
lures of the several States-that is,
chosen indirectly by the people, for
the people of each State choose the
members of its legislature and these
members, IN turn, choose the two SEN
atOrs for that State. Second, the eX-
ecutive department, whose duty it is
! TO see the laws are executed and en-
forced, consisting of the President and
Vice President, and those under the
President. Third, the judiciary, or ju-
| dicial department, consisting of the
| Supreme Court of the United States
and such lower courts as congress may
establish. The judges of these courts
are all appointed by the President, sub
jeet to confirmation by the senate. The
business of this department is to ex
J pound the Constitution and the laws
dopted pursuant to it-that is, to III
! *erpret and apply our laws, constitu
: tional and statutory, incidentally pass
, ing upon the validity under the Con
sptution, of State and cOngressiona
lie, islation, all to the end that there
may be that protection of life, liberty
contracts and property which the Con
s;i ution guarantees An importan
part of our judicial system is trial b.
jury. e., such trial as, in its mail
fea. ares, prevailed under the common
law OF England when the Constitution
was adopted; also of importance is tn
necessity OF the action of grand jur,
before a man shall be "held to answe
for n capital or otherwise infamou
crime.p Also, the accused of crime /
protected against being twice put u
Jeopardy for the same oifense; and !
guaranteed IA speedy trial, by an i'm
partial Jury of the State and distric
where the crime was committed, an
! notice OF the nature and cause of tn
accusation; also TO be - cOniTonte
, with the witnesses against him, an
! TO have counsel for his defense and th
, aid of the government in getting vii
, nefses 60 attend court in his behalf,
system OF Checks,
I our American system OF goyernmer
= h characterized by an elaborate systel
y Of "chechs and balances. We hnN
a the three distinct departments nboA
! described, AN independent la the mai
! and yet AN 30 a certain extent sublel
3 10 zach olhefi an being finally sublei
d 10 ihr people Thus. the President
veto power b. rherk against 60
d grssai aud then % twothifd's vote
y both houses of congress h ehe'