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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

It is
clear that its tendency is extremely democratic, and that it implies
a high standard of general intelligence and independence among the
people. If the evils of the practice are found to outweigh its
benefits, it will doubtless fall into disfavour.
[Footnote 7: See Henry Hitchcock's admirable monograph, _American
State Constitutions_, p. 19.]
[Footnote 8: Wilson. The State, p. 490.]
QUESTIONS ON THE TEXT. What is to be said with regard to the following
topics?
I. A power above the legislature:--
a. The constitution.
b. The relation of the courts to laws that violate the constitution.
c. The importance of this relation.
d. The American origin of the written constitution.
2. The germs of the idea of a written constitution:--
a. The theory of a "social contract."
b. The objection to this theory.
c. Roman origin of the idea of contract.
3. Mediaeval charters:--
a. The charter of a town.
b. The word _charter_.
c. Magna Charta.
d. The difference between a charter and a constitution.
e. The form of Magna Charta as contrasted with its essential nature.
4. Documents somewhat resembling written constitutions:--
a.


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