The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-09-22
BY HARRY ATWOOD
President, Constitution Anniversary
Association

Association
The Constitution contains . mum.
Der of unusual features which at the
time Of its adoption were new in
government.
First. the Constitution provided
for q permanent union Of states
under . federal government with
provision for additional states to
enter from time to time. but with
no provision for lawful exit there
from.
In other words, It changed the
condition from . loose confederation
Of states into q union Of states
which could not withdraw from the
union without destroying the plan
Of the Constitution.
This fact accounts for its being
the first successful federal gov
eminent.
There has been much loose and
theoretical discussion on this ques-
ton, but nowhere in the original
Constitution is there any provision to
justify state in an attempt to with
draw from the union.
Balancing Nation and State
Another novel feature Of the Con-
stitution was that it set up dual
form Of government, we'll balanced
between the nation and the states,
operating directly upon the people
as individuals as we'll 40 upon the
states.
The dual form Of government re-
suited in dual citizenship. A per-
son may be citizen Of the United
States and a citizen Of = state A
citizen of the United States might
not be citizen, temporarily, Of any
state. That is, a citizen might move
from one state to another state and
not have resided in that state long
enough to have qualified for citizen
ship there. In such event the status
would be that Of an inhabitant; but
a citizen Of q state is automatically a
citizen Of the United States.
The authors of the Constitution
made a very clear distinction be-
tween what are properly constitu-
tional provisions and whit are prop
erly statutory enactments and STU
diously excluded statutory material
which was . novel feature in Con-
stitution making.
No Salary Named
The Constitution did not specify
the amount Of salary Tor any public
official. Its authors well knew that
what might be . princel, salary in
1887 might be insufficient compensa.
ton with the lapse Of time, and they
left al such matters to be deter
mined and regulated by statute law
The Constitution does not provide
definitely the number Of members
that should constitute the legisla-
tive department.; nor does It stipu.
late how many justices should sit
on the supreme bench nor how many
federal courts there should be; MOI
does it provide how many officers
Should b appointed by the president
or what offices should be created
All such questions were left to be
governed by statute az population
increased, as conditions changed, and
az new problems arose.
| For example, all that 10 said II
the Constitution with gard to thu
postal service il ito establish post.
offices and postroads." Those five
words are sufficient as constitutions
provision for the postal system. The
questions Of where postofH.es shoult
be located. how much they shoule
, cost, who should be employed in thu
postal service. what pay they shoule
receive. whether mail should be car
ried on dirt roads, railroads. water
ways. or air routes, are all matter.
to be governed ny statut- so as tt
J conform to change and development
Shows Discrimination
The Constitution contain many
pr visions indicating Fl i;scrimina
ton in the insertion Of what arr
properly constitutional provisions
and the omission OF what should BIZ
properly statutory enactments.
!, An essential characteristic is thai
q constitutional provision should bt
| permanent in its nature. while 5