The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-09-16
For Simplicity and Directness
of Statement and COmpre.
henSiOn Of Much in Few
Words. Document Has New
er Been EquaIed, Alfred Zu-
ged Tells kiwanianS

Editors Note--In connection
with the observation of National
Constitution Week, Sept. II TO -.
the following Interesting address
given by Alfred Zuger. Bismarck
attorney before the kiwanls
club meeting last Tuesday. ) cs-
pecialiy timely and viii give the
reader much information con-
corning til. United States consti
tiVn.(
Every organized society or state
must have Il constitution or iunda-
mental law IN some form. We are
apt to limit The concept Of a constltu
ton. in our minds. to the organic
Law Of "A republic or free monarchy.
Kasically. however, even the most alb
solute or de ~potic governments have
recognized limits TO the power of
their rulers and lawmakers. Russia
under the czars, was an absolute
monarchy, but there were. neverthe-
less. we'll defined safeguards against
aggres lions by the rulers.
III. basic law. sometimes defined
IL i constitution, i absolutely nee
essa,y 10 the continued existence Of
any governments England IS a good
example Of Il constitutional govern
uent. but it has no constitution IN
the sense Of Il written document such
a> we have. The English conSttu-
fion i. to BE- found in precedent-
acts Of Parliament, the Magma Charta.
or Great Charter. the Bill of Rights
and the customs and rules long
recognized and accepted as fundmen-
tai law. such H. the right Of trial by
Jury. that the accused shall not be
compelled to testify against himself,
that private property shall not be
taken for public use without Just
compensation: that Parliament alone
has the power to raise and appropri-
ate public money, etc Her basic law
is termed an unwritten constitution
and differs from ours III that ours Is
one complete document with specific
and definite provisions covering the
several powers and subdivisions Of
government. In England. the consti-
tuition is not the supreme law in the
sense that ours is. Our Congress Is
forbidden to enact any law in conflict
with the constitution. In England,
Parliament may really change the
constitutions, because Parliament is
supreme However, Parliament, III
practice. never overrides the clear
and fundamental principles and
rights established under the long his
tory Of British rights and precedcnts.
Certain rights recognized In the un-
written English constitution are just
as firmly imbedded and established
as any Of the similar rights IN our
written constitution. As said. our
Congress may not enact any law IN
. IA. la
other words, it is always the su
preme law of the land
We are apt to imagine that our
constitution is peculiar in that, IT
only, separates the three departments
of government, namely, the legisla-
tive, executive and judicial. Every
civilized government must of neees-
sitv have these three departments,
although they may not be clearly
separated and their respective power
and Jurisdictions defined. The Di-
vine law itself, as established by the
Holy Scriptures, contains this very
idea, and it pervadcd the govern
ments Of Ancient Greece, the Roman
Empire and other governments which
have passed away. While the three
departments of our government are
rigidly separated and set apart IN
our written constitution, they do
nevertheless, to an extent, merge into
each other. For instance. our cXecu-
tive and Legislative departments often
impinge upon each other. SO. while
these departments are sharply sep
arated. it nevertheless transpres in
practice that they shade into each
other on some points. This is in
evitable in any complex society or
government.
The federal constitution has be-
come Il model on which the state
constitutions are based. Some follow
the federal constitution mor> closely
than others. but all preserving the
separate functions. of the executive
Legislative and judicial departments
In other words, the constitutions OF
all the states Of the Union are Re-
publican in form and in their gen
eral outline are similar to the fed
eral constitution.
We live III Il dual government. We
are citizens first Of a great republic
composed of forty-eight grand divi-
sions. Each Of these grand divisions
is separate republic SO we owe
dual allegiance, first to the Unitec
States, the Nation, an entity in it
for all purposes except those sur
rendered to the federal government
are separate republics and politica
entities.
The original constitution of the
United States is divided into sever
articles or divisions. For simplicit.
and directness OF statement and tn,
comprehension Of much in few words
this document is unequalled anon,
the state papers of the world. TIL
first article, consisting Of ten sec
tions, creates, defines and limits tn
power Of the national legislature, tn
second article provides for the exec
utive department, that is the presi
dent and under him those who's
duties are to execute the laws, ant
comprises four sections. The judici
airy is created and its inherent juris
diction is defined and limited i
Article 3. comprising three section:
The 4th Article contains the full
faith and creates provisions relatin
to public acts. records and judicia
proceedings of every state; and mis-
cellaneous provisional rights an
guarantees to the several states an
citizens.
The states and territories, amend
ments and procedure to effect such
and the miscellaneous provisions
and the requirements for the ratifica
ton Of the constitution are con
tanned in Articles 5, and z.
The body of men chosen to prepar
the federal constitution was remark
able for ability, integrity and polite
81 experience. Perhaps, never befor
in the history Of the world did 81
many men Of first class ability as
scmble for the same object. Thes'
men had been schooled in the expert
ence Of government both in war ant
in peace. Many Of them had tough
through the Revolutionary War ant
all had had close contact with thu
colonial governments prior to tn
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