1. THE FEDERAL SYSTEM By the Declaration of Independence in 1776, the thirteen American colonies of Great Britain expressed their action as that of "these united colonies," but the terms of the declaration im plied that each became an independent State. The thirteen united in declaring independence and in the conduct of war, though their co-operation was ineffective. The Articles of Confederation, adopted in 1781, constituted a legal symbol of union, but the Central Government under these articles had no coercive power over the States, and no power whatever capable of exercise directly upon the citizens of the States. The National Constitu tion, framed in 1787 and put into effect in 1789, was intended to remedy this situation by creating a Central Government with large powers and with authority to exercise these powers, not merely upon the States, but directly upon all citizens of the country. When the first Congress of the United States under the Constitution of 1787 assembled in New York in April 1789, the Union had a membership of eleven States. North Carolina and Rhode Island soon joined their sisters of the original thirteen States. The thirteen have now grown to forty-eight.
Share of States in the Government of the Nation.—Under the Federal principle in the United States, the States, as such, are constitutionally guaranteed their territorial integrity, and are expressly recognized as units in the organization of National Government. They have equal representation in the United States Senate. They are treated as units in the election of presi dent and vice-president, and of members of the Federal House of Representatives. They have a decisive share in the amendment of the Constitution of the United States.
When the National Government was being formed, a sharp conflict of interests arose between the small States and the large States. The smaller States contended for complete equality among the States in the organization of the National Government, and the larger States contended for influence in proportion to population. A compromise was reached by which the States are equally represented in the United States Senate irrespective of population, and in proportion to their population in the House of Representatives. By the terms of the Con
stitution no State may without its consent be deprived of its "equal suffrage in the Senate." Representation in the National House of Representatives is based upon population. Under the Constitution, each ten years, after the decennial Federal census, the Congress of the United States determines how many members will constitute the House of Representatives. This number is then divided into the total population of the forty-eight States. In this manner a ratio of representation is obtained. Each State is entitled to as many representatives as this ratio is contained in its population, although each State, no matter how small its popu lation, is entitled to at least one representative. After the division of the representative ratio into the population of each of the States, large fractions of population may remain ; and the States having the largest remainders have in the past received additional representatives, as long as the number agreed upon was not exceeded. By Act of 1929, Congress is to receive a statement from the president at a specified time after the decennial census of population, showing the number of representatives to which each State would be entitled under each of three methods of computation. If Congress fails to make an apportion ment "then each State shall be entitled in the second succeeding Con gress and in each Congress thereafter until the taking effect of a reapportionment . . . to the number of representatives shown in the statement based upon the method used in the last preceding apportion ment." Under this Act the number of members of the House of Representatives remains unchanged, and a decennial reapportionment of that membership among the several States is automatically made even though Congress does not enact a separate statute for that pur pose after each national census. This legislation was in large part occasioned by the fact that Congress made no reapportionment after the census of 191o.