The State.—­For the founding of the several colonies, their charters, etc., the student may profitably consult the learned monographs in Winsor’s Narrative and Critical History of America, 8 vols., Boston, 1886-89.  A popular account, quite full in details, is given in Lodge’s Short History of the English Colonies in America, N. Y., 1881.  There is a fairly good account of the revision and transformation of the colonial governments in Bancroft’s History of the United States, final edition, N.Y., 1886, vol. v. pp. 111-125.

The series of “American Commonwealths,” edited by H.E.  Scudder, and published by Houghton, Mifflin & Co., will be found helpful.  The following have been published:  Johnston, Connecticut:  a Study of a Commonwealth-Democracy, 1887; Roberts, New York:  the Planting and Growth of the Empire State, 2 vols., 1887; Browne, Maryland:  the History of a Palatinate, 2d ed., 1884; Cooke, Virginia:  a History of the People, 1883; Shaler, Kentucky:  a Pioneer Commonwealth, 1884; King, Ohio:  First Fruits of the Ordinance of 1787,1888; Dunn, Indiana:  a Redemption from Slavery, 1888; Cooley, Michigan:  a History of Governments, 1885; Carr, Missouri:  a Bone of Contention, 1888; Spring, Kansas:  the Prelude to the War for the Union, 1885; Royce, California:  a Study of American Character, 1886; Barrows, Oregon:  the Struggle for Possession, 1883.

In connection with the questions on page 183, the student is advised to consult Dole’s Talks about Law:  a Popular Statement of What our Law is and How it is Administered, Boston, 1887.  This book deserves high praise.  In a very easy and attractive way it gives an account of such facts and principles of law as ought to be familiarly understood by every man and woman.

CHAPTER VII.

WRITTEN CONSTITUTIONS.

[Sidenote:  In the American state there is a power above the legislature.] Toward the close of the preceding chapter[1] I spoke of three points especially characteristic of the American state, and I went on to mention two of them.  The third point which I had in mind is so remarkable and important as to require a chapter all to itself.  In the American state the legislature is not supreme, but has limits to its authority prescribed by a written document, known as the Constitution; and if the legislature happens to pass a law which violates the constitution, then whenever a specific case happens to arise in which this statute is involved, it can be brought before the courts, and the decision of the court, if adverse to the statute, annuls it and renders it of no effect.  The importance of this feature of civil government in the United States can hardly be overrated.  It marks a momentous advance in civilization, and it is especially interesting as being peculiarly American.  Almost everything else in our fundamental institutions was brought by our forefathers in a more or less highly developed condition from England; but the development of the written constitution, with the consequent relation of the courts to the law-making power, has gone on entirely upon American soil.