The Calling of the Constitutional Convention.-Hunt, Life of James Madison, Chap. X-XIV; Bancroft, United States, vi, 182-203; Fiske, The Critical Period, 212-222; McMaster, United States, i, 389-399; Gay, James Madison, 55-63; Curtis, Constitutional History, i, 340-368; Schouler, United States, i, 32–39.

The Making of the Draft of the Constitution.-Elliot, Debates; Madison, Letters, i, 343-355; Washington, Writings, xi, 128-156; Bancroft, United States, vi, 207-276, 292-367; Curtis, Constitutional History, i, 374-488; ii, 3-487; Federalist; H. Von Holst, Constitutional Law, 16-24; Fiske, The Critical Period, 222– 305; McMaster, i, 438-453; Hunt, Life of James Madison, Chap. XIII, XIV; Gay, James Madison, Chap. VII, VIII; Roosevelt, Morris, 133-165; Stillé, Life and Times of John Dickinson, Chap. VII; Lodge, Hamilton, 57-65; Schouler, United States, i, 39-51; Hart, Contemporaries, iii, Chap. X; Old South Leaflets, 70.

The Constitutional Convention of 1787.—Bancroft, United States, vi; Curtis, Constitutional History, i, 257-697; Hart, Formation of the Union, Chap. VI; Walker, Making of the Nation, Chap. II; Hildreth, United States, iii, Chap. XLVII, XLVIII; Landon, Constitutional History, 76-124; American Academy of Political Science, Annals, ix, 380; Jameson, Essays in Constitutional History; Fisher, Evolution of the Constitution, Chap. VI; Story, Commentaries, §§ 272-281; Hart, Contemporaries, iii, §§ 54-82; Hill, Liberty Documents, Chap. XVII; Elliot, Debates; Meigs, Growth of the Constitution; Stevens, Sources of the Constitution.

Different Opinions Respecting the Confederation and the Proposed Government.-Hosmer, Adams, 381–392; Roosevelt, Morris, 128-132; McMaster, United States, i, 356-389; Lodge, Hamilton, 50-53; Washington, Writings, x, 345, 346; xi, 1-3, 12, 80-82; H. Von Holst, Constitutional Law, 13, 14; Madison, Letters, i, 169-173, 195-198, 201, 202, 205-208, 229, 230.

Opposition to the Proposed Constitution, and the Struggle to Secure its Adoption.-Elliot, Debates, i, 318–338; Bancroft, United States, vi, 371-438, 452-462; Curtis, Constitutional History, i, 491-604; Fiske, The Critical Period, Chap. VII; McMaster, United States, i, 454-501; Hunt, Life of James Madison, Chap. XVXVII; Gay, James Madison, Chap. IX; Tyler, Henry, Chap. XVIII;

Hosmer, Adams, 392-401; Lodge, Hamilton, 65-80; Schouler, United States, i, 60-78; Hart, Contemporaries, iii, Chap. XI; Johnston, American Orations, i, 24-43; Ford, ed. Pamphlets, 1-23, 91–115, 272–275, 277-322; Washington, Writings, xi, 183-186; H. von Holst, Constitutional Law, 28.

General View of the Formation of Constitutions.— Jameson, Constitutional Conventions; Morey, Genesis of a Written Constitution, Am. Acad. Pol. Sc., Annals, i, 529-557; American Historical Review, v, 467-490; Story, Commentaries, §§ 272-280, 1826-1831; Hinsdale, American Government, Chap. VII-X; Bryce, American Commonwealth, i, Chap. XXXI, XXXII.

CHAPTER IV

THE FEDERAL LEGISLATURE

28. Congress.-Congress is composed of two houses, the Senate and the House of Representatives. This is in accordance with the provision of the first section of Article 1 of the Constitution, which affirms that "all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives." The President coöperates with the two houses of Congress in making laws. He is required to express his approval or disapproval of "every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary," except votes on the question of adjournment. An additional exception is that resolutions proposing amendments of the Constitution, passed by both houses of Congress, do not require the assent of the President. Composed of two houses, the Congress has the form generally assumed by the legislatures of modern States.

The bicameral organization of the Legislature is thought to be attended by certain advantages: (1) It prevents hasty, rash, and dangerous legislation by extending the period of deliberation, and by causing bills to be considered from the different points of view of two houses differently constituted. (2) It tends to check attempts to use the authority of the Legislature for personal or private ends. (3) It gives opportunity for a new and independent review

of all projected measures. (4) It allows a bill that has been passed in the heat of passion in one house, to be submitted to the cool judgment of another body. Washington is said to have replied to Jefferson's attack on the system of two houses by saying to Jefferson, as they sat at table, "You yourself have proved the excellence of two houses this very moment." "I?" said Jefferson; "how is that, General?" "You have," replied Washington, "turned your hot tea from the cup into the saucer, to get it cool. It is the same thing we desire of the two houses."

The two houses of Congress are representative bodies. This means that the members are chosen under a system of representation. Under this system the following conditions are observed: (1) The power of the voters is transferred to the representative; (2) the power is transferred for a definite period; (3) the electors or voters must not only give over the power, but they must also select the person to be the representative.

The representative is not required to obey instructions given him by his constituents or to pledge himself to vote in accordance with their demands. The plan to instruct or pledge representatives, if carried out, would remove the decision on questions of legislation from the representative body to the voters; and this would deprive the legislative assembly of its quality as a deliberative body and make it simply a means for registering decisions determined by the great body of the people having the right to vote,

If one were to inquire into the origin of the bicameral system which is illustrated in Congress and in the State legislatures, he would be led back to the early history of our race for the type-to the time when there was a king or chief with limited power, a small council of nobles or of old men, and a general assembly of the whole people. This type has perpetuated itself in the later history of the race. The council survives in the modern House of Lords, or house

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of nobles, or Senate; and the assembly survives in the lower house, under whatever name it may appear. In the course of history there have been temporary variations from this type. In Sweden, for long time, there were four houses that made up the national legislature. These four legislative bodies represented our classes: the nobles, the clergy, the burgesses or the inhabitants of cities, and the peasants or persons living in the country. In England all of these classes exted; but the nobles and the clergy were represented the House of Lords, and the other two classes were represented in the House of Commons. Under Cromwell, England had for a short time a single house; France began her several republican governments in each case with only one national legislative body. Congress consisted of only one body under the Articles of Confederation. But everywhere there has been a tendency to the bicameral system, realizing the original type. In the persistence of the political instinct of our race is the fundamental ground for the similarities discovered among modern governments, and for the appearance of the bicameral legislature in practically all of them.

Topics.-Form of congressional organization.-Legislative power of the President.-Advantages of bicameral system.— Washington's illustration.-Character of a representative.-Instructing representatives.-The political instinct.

References.-Dawes, How We Are Governed, 73; Ford, American Citizen's Manual, Part I, 10; Hinsdale, American Government, 144-147; Lalor, Cyclopædia, i, 587; Freeman, General Sketch of History, 6; Crane and Moses, Politics, 68-81.

29. The House of Representatives.-The House of Representatives is "composed of members chosen every second year by the people of the several States." The members of this body are said to represent the people; yet in their election the individuality of the States is recognized, since