been a source of much profit in the southern and southeastern parts of the State."1 The staple crops of the State are corn, hay, wheat, oats, potatoes, and tobacco, the first five in their order being far and away the most valuable in money returns.

'Howe, Historical Collections of Ohio, I., 54.

Bryce, American Commonwealth, I., ch. 27, "The Federal System," ch. 28, "Working Relation of the National and State Governments," ch. 36, “Nature of the American State,” ch. 37, "State Constitutions," ch. 39, "Direct Legislation by the People;" Lalor, Cyclopaedia of Political Science, "States," "Bill of Rights;" Wilson, The State, secs. 1088-1091 (on the relation of State and Federal law); Hart, Actual Government, ch. 6, "The States and the Union;” Jameson, Constitutional Conventions, ch. 2, “Of Sovereignty," ch. 3, "Of Constitutions;" Hinsdale, The American Government, Part III., "The State Constitutions;" Hitchcock, American State Constitutions (Questions of the Day Series); Davis, "American Constitutions" (in Johns Hopkins University Studies, III., 9, 10); Jameson, “Constitutional and Political History of the States" (in Johns Hopkins University Studies, IV., 5); Cooley, Constitutional Limitations, ch. 3, "Formation and Amendment of State Con stitutions.

For the constitution of Ohio, see Bates, Annotated Statutes of Ohio, vol. III.; Poore, Charters and Constitutions, vol. II., · or the Manual of Legislative Practice in the General Assembly of Ohio. The principal parts of the constitution form Appendix B, § 90, of this book,

The State and the Nation.

Application

of

Federal law.

22. RELATIONS OF THE FEDERAL AND THE STATE CONSTITUTIONS

We turn now from the story of the growth of the government of the State to consider the present structure of the State government. This structure is outlined in the existing State constitution; and certain of its features are determined by provisions contained in the United States Constitution. In this way the State is made to fit into the Federal system, and is prevented from exercising powers that would tend to destroy the Union. Our State was admitted into the Union on the same terms as the other constituent States. These terms are set down in the Constitution of the United States. Thus the people of Ohio live under two constitutions, the Federal and the State; they are subject to two sets of laws, the laws of the Republic and those of the State. They make and execute their own laws and have a share in the making and execution of the Federal laws. In short, they are at once citizens of the United States and of the State of Ohio.

Such an arrangement as this could not have been made without the grant of certain powers on the part of the States to the Federal Government, and the placing of definite limitations to the authority of the States. Of the powers granted to the United States, some are binding on the States as political units, and some directly on the citizens themselves. Every school boy knows that a person who counterfeits United States money or stamps, tampers with the mails, or manufactures "moonshine" whiskey, is violating Federal law, and, if caught, will be prosecuted by United States officers and imprisoned under Federal authority. With matters of this

sort the State has nothing to do, inasmuch as it has limited itself by the delegation of certain powers to the Federal Government.

denied

the State.

Certain other powers are expressly denied to the Powers States. For example, the Federal Constitution denies the States the right to abolish their republican form of government, to make treaties, to maintain an army and navy, to declare war, to pay any debt incurred in aid of rebellion, to coin money, and to pass ex post facto laws, laws impairing the validity of contracts, or laws abridging the rights of citizens of other States.1

of Federal

authority.

While thus limiting the authority of the State in cer- Limitations tain respects, the Federal Constitution sets bounds to its own authority in the following words: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The distinction between delegated and reserved powers here made serves to prevent conflict between Federal and State authority. The State is supreme within its own sphere, as the United States is within its sphere. Further it may be said, without going into details, that the sphere of the State enables each Commonwealth to retain control of its immediate affairs and all matters pertaining to local government within its boundaries. The great bulk of the business of government thus continues to rest with the State.3

of the

Federal

As a final precaution to prevent conflict of authority Supremacy between the Federal and the State governments, the Federal Constitution declares that its provisions, and all Constitution. laws made in pursuance therewith, are "the supreme

'Constitution of the United States, Art. I. § 10; Art. XIV. 'Ibid., Amendment X.

The State's share in the Federal government.

Features of the State constitution.

Making of the first

and second

...

law of the land, anything in the constitution or laws of any State to the contrary notwithstanding."

Our review of the relations of the State and Federal constitutions is not yet complete. The people of the State have a share in the making and execution of the nation's laws. To this end their legislature chooses two persons to represent them in the United States Senate; they themselves elect a number of members to the House of Representatives from the congressional districts of the State; and they help elect the President and VicePresident of the United States. Thus they have a voice in the Federal Government, and should therefore be obedient to its laws.

The government of each State is based upon its constitution. This instrument determines how the reserved powers of the State shall be exercised. We can better understand the importance of our constitution if we examine certain characteristic features. First, it is the organic law established by the people for the administration of State affairs, and is the source of political power within the limits of the State. Second, it defines and guarantees the rights and privileges of the people. Third, it provides for the machinery and methods of local government.

23. CONSTITUTION MAKING

The first constitution of Ohio was framed by a convention of delegates from the proposed State. This constitutions. convention was authorized by Congress, and it finished its work by adopting a constitution, November 29, 1802. The new constitution was submitted to Congress for