The Revision and Amendment of State Constitutions
The Lawbook Exchange, Ltd., 1999 - 350 pagini
Dodd, Walter Fairleigh. The Revision and Amendment of State Constitutions. Baltimore: The Johns Hopkins Press, 1910. xvii, 350 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50815. ISBN 1-886363-73-0. Cloth. $65. * Discusses the practice and methods of the amendment and revision of state constitutions and the legal principles (rather than theories) which precede such alterations. An examination of the first state constitutions from 1776-1783 provides a historical context, but much of the work analyzes the relevant legal principles affecting changes to state constitutions based on a study of judicial decisions pertinent to such areas as the development of the distinction between constitutions and statutes, and the distinction between the constitutional convention and the regular legislature in states. Includes a Table of cases and an appendix, by state, showing popular votes on constitutional questions from 1899-1908.
The Legal Position of the Constitutional Convention
The Amendment of State Constitutions
The Working of the Constitutional Referendum
Table of votes on constitutional questions 18991908
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Pagina 27 - In Pennsylvania a council of censors was to be elected every seventh year "to enquire whether the constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are entitled
Pagina 151 - However, the supreme court of California has sought to establish a principle which would produce the same result. The constitution of California provides that: "Any amendment or amendments to this constitution may be proposed in the senate or assembly, and if two-thirds of all
Pagina 160 - For example, the Nebraska constitution requires that a proposed amendment be " published once each week in at least one newspaper in each county where a newspaper is published, for three months immediately preceding " the election. In the case of State ex.
Pagina 49 - Alabama, California, Colorado, Delaware, Florida, Idaho, Illinois, Kansas, Kentucky, Minnesota, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Pagina 105 - the government and people of the State of Missouri; and to adopt such measures for vindicating the sovereignty of the state, and the protection of its institutions, as shall appear to them to be demanded.
Pagina 81 - Jameson, 282-284. A similar question arose in the Virginia convention of 1901-02; the Virginia constitution of 1870 required all officers of the state to take an oath to the state constitution and " to accept the civil and political equality of all men before the law;" it was argued that delegates to the convention, were not officers as the term
Pagina 143 - the court said that a vote of " two-thirds of each house" must be construed to mean only a vote of two-thirds of a quorum of each house; and a similar interpretation was given to the same language by the supreme court of Missouri in the case of State v. McBride.
Pagina 116 - And all acts and ordinances of said convention shall be submitted to the voters of the state for ratification or rejection, and shall have no validity whatever until they are ratified.
Pagina 10 - Ibid., June 21, 1779. As an indication of the attitude of the House of Representatives of Massachusetts on constitutional questions it may be worth while to call attention to the fact that the House submitted the Articles of Confederation to the towns instead of acting directly upon the matter. Journal of the House of Representatives of Massachusetts, 1777-78, 141, 143 (Dec. 15, 1777). Records of Town of Weston,
Pagina 20 - that the above bill, after correction by the convention, shall be referred by them to the people to be assembled in their respective counties; and that the suffrages of two-thirds of the counties shall be requisite to establish it." Ford's Writings of Jefferson, ii, 30. to the fact that the formation of a government had been under discussion among the people.
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