In the beginning of human history, with needs and wants limited
to food and shelter, man's dominating impulse was the preservation
of life.
His social instinct led to the establishment of families, groups,
and tribes. Transmitting habits, traditions, customs, and superstitions
to succeeding generations, there came to be formed definite and
distinctive racial types with fixed governing principles.
Governments of a kind were set up, order was created, but with
the accumulation of property, and increasing wants, conflicts
occurred, the strong despoiling the weak. Alliances for defense
and offense were formed. Agreements between rulers and subjects
and forms of treaties with nations brought about a more or less
defined code of conduct and law, invariably enforced to the benefit
of those who held the power.
Government by autocracy. - Selfish and often cruel leaders
preyed upon the weak and ignorant in the accomplishment of their
ambitious designs. Autocracy held power through appeal to the
emotions engendered by pomp and glitter of the court, or by fear
created through control of military forces and the means of livelihood.
By various methods the rights of citizenship were confined to
the prescribed limits dictated by "will" (force) until
increasing intelligence within the ranks of the people began
to exert a counteracting influence.
The historical development of the "ancient liberties"
of the English people, establishing individual rights, began
with the meeting of King John and the Barons on the field of
Runnymede in 1215 A. D., where the Magna Charta was signed, which
guaranteed rights beyond the power of the king to take away.
By successive steps, in protection of these rights, came the
act of Parliament (1295), Petition of Rights (1628), habeas corpus
act (1679), Bill of Bights (1689), and the act of settlement
(1701).
These liberties did not originate with charters, but were simply
confirmed by them and made the "fixed principles of freedom."
Restrictions of government on the life of the people created
caste, favoritism and taxation became oppressive, and men left
Europe and came to America.
Government of laws. - Until the adoption of the Constitution,
government was imposed by the will of the minority and enforced
by absolute control of economic institutions and military forces.
Under the Constitution a "Government of laws and not of
men" was formulated out of the experiences of the centuries
in which feudalism, despotism, autocracy had given form to the
ruling forces of governme |