November 3, 1908. Requiring citizenship as a qualification for right to vote....
November 3, 1908. Extending from three to six
days time within which governor may veto bills.
Permitting progressive in
November 3, 1908. Permitting the appropria- tion of state money for the improvement of
November 6, 1900. Permitting counties to re- fund indebtedness in excess of constitutional limitation
November, 1904. Fixing salaries of judges by constitutional provision-increasing salaries... November 3, 1908. Providing that state board of equalization should be composed of chair- men of boards of county commissioners.
1 Did not receive majority of votes cast at election.
Adams, John, views regarding | Appropriation, of money for use of
methods of framing constitutions, 26 Alabama, popular vote for amend- ment of constitution of 1819, 123; ballot employed to force voting on amendments, 190-192, 198 Amendment, constitutional: pro- visions for, in first state consti- tutions, 27-29; development of processes of, 120-136; restric- tions upon the proposal of, 132, 133, 136-140, 260-262; present methods of, 134, 135; increasing ease of, 129; time required for adoption of, 138, 139; steps in process of, 141, 142; subject only to such rules as laid down in amending clause of constitution, 152-156, 216; form of proposal in legislature, 155, note; separate submission of each, 178-183; what constitutes one amendment," 179, 192, 193, 196, 216, 221; popu- lar majority required for adop- tion of, 185-202; time when it becomes effective, 203, 204; er- roneous and contradictory amend- ments, 206-209; popular vote re- quired to adopt, 185-202, 216; ju- dicial control over processes of, 209-236; no judicial control over substance of, 234-238; overruling of courts by, 238-243; relation between statutes and amendments, 237-258; relation between consti- tutional conventions and process of amendment, 258-262; working of popular referendum on pro- posed amendments, 266-292; fre- quency with which amendments submitted, 266-269; triviality of proposals, 269-271, 289, 291
convention, 82, 83; power to ap- propriate money not usually pos- sessed by conventions, 82, 83, 103,
Arguments, for and against pro- posed amendments, distribution of, 167-178, 274, 288, 291 Arkansas, constitution of 1836 not submitted to people, 65; pop- ular majority required for adop- tion of amendments in, 190 Articles of confederation, popular approval of, in New Hampshire and Massachusetts, 8, note, 10, note.
Ballot, for amendments, separate from that for candidates, 184, 279, 288, 292; requirement that full text of proposed amendment ap- pear upon ballot, 184; form of ballot designed to compel voting on amendments, 190-199 Bryce, James, discussion of flexible and rigid constitutions, 139 California, distribution of argu- ments on proposed amendments in, 170, 171
Colonies, government in, I Commissions, note, 262-265 Connecticut, continuance of charter government in, 26; popular sub- mission of constitution of 1818, 64; popular approval of amend- ments under constitution of, 125 Constitutional convention: first sug- gested and employed in New Hampshire, 5-7, 23; sentiment favorable to, in Massachusetts, 8, 9, 23; steps in development of, 21-25; provision for, in first con- stitutions of Georgia, Massachu-
constitutional, 39,
setts, and New Hampshire, 28, 29; definite establishment of, for constitutional revision, 38, 39; rule as to holding of, when con- stitutions contain no provision re- garding, 43-46; calling of conven- tions, at definite times or periods, 43, 50, 51; convening by legisla- ture, without a popular vote, 46, 47; popular vote, either at dis- cretion of legislature, or at defi- nite intervals, 47-51; legislative majority required for submission of question, 49; popular vote re- quired for assembling of conven- tions, 52-54; assembling of, made independent of legislature in sev- eral states, 55, 56; question whether convention may properly be assembled independently of or in opposition to existing state government, 60-62; popular sub- mission of proposed constitutions, 62-70; legal position of, 72-117; theory of conventional
eignty, 73, 74, 77 and note; to what extent independent of legis- latures, 79, 80; efforts by legisla- ture to control conventions, 81- 87; legislative requirement of popular submission of constitu- tion, 83-88; power to control its Own proceedings, 88; limited powers of, 92, 93; control by courts over actions of, 83-103; implied restrictions upon conven- tions, 103; exercise of regular governmental powers by conven- tion, 104-117; legislative power possessed by conventions, 116; continuing in existence after the completion of their work, 117; relations between amending pro- cess and, 258-262; manner in
which work of convention may be submitted to people, 258, note. Constitutions: use of term consti- tution in colonial times, 2; dis- tinguished from statutes in meth- od of enactment, 3, 22; methods of alteration provided in first state constitutions, 27-29; prob- ably at first not thought legally binding upon legislatures, 30-37; popular participation in framing,
71; development of methods of altering, 118-120; filled with mass of legislative details, 137, 138, 198, 267, 268, 269, 272; time when new constitutions become effec- tive, 204, note; disappearance of distinctions between state statutes and state constitutions, 243, 249- 258; question whether there may be a complete revision by process of amendment, 260-262 Construction, of constitution with respect to constitutional changes, 95-103, 215-226 Continental Congress, recommen- dations of, concerning establish- ment of independent governments in states, 3, 4, 10, 14, 15, 25 Contradictory amendments,_207-209 Council of censors, in Pennsyl- vania and Vermont, 27, 28, 34-36,
Council of revision, in New York, 32; proposed in Virginia and Ver- mont, 33
Courts, early history of power to declare laws unconstitutional, 37; control by, over proceedings and actions of conventions, 83-103, 108-117; control over amending process, 93, 209-236; overruling of, by constitutional amendments, 238-243; power of annuling laws and constitutional amendments, 242-248; control over referendum laws, 252-258 Declaration of independence, popu- lar approval of, in Massachusetts, IO, note.
Delaware, formation of first con- stitution in, 14, 15; constitution of 1831 not submitted to people, 65: constitution of 1897 not sub- mitted to people, 67, 68; no con- stitution ever adopted by popular vote in, 70; convention of 1852- 53, 70; alteration of constitution of 1776 by legislative action, 120 Discussion, public, of proposals of amendment, 274
Distribution of proposed amend- ments to voters, 167-178 Elections, submission of question of holding convention at general or special elections, 52; submis-
proposed amendments in legisla- tive journal, 144-148, 216, 219, 221 Judiciary, see Courts.
Kansas, proposed constitution of 1855, 61
sion of constitutions at general | Journal, printing of, 89; entry of or special elections, 69, note; submission of proposed amend- ments at general or special elec- tions, 183, 222, note; what is a general election," 183, note. Enabling acts, congressional, for admission of territories as states, 59; and popular submission of constitutions, 64, note.
Errors, in text of proposed amend- ments, 206, 207
Expenditure, popular vote upon pro- posed amendments involving, 285 Flexible and rigid constitutions, 136-140
Frankland, proposed constitution of 1785, 34, note.
Franklin, adoption of constitution for proposed state of, 21 Georgia, revision of constitution of 1777, 42, 48
Governor, extent of power of ap- proval or disapproval over legis- lative acts with reference to as- sembling of conventions, 56, note; power over proposals of amend- ment, 148-154, 274, 287
Idaho, popular majority required for adoption of amendments in, 186
Illinois, popular submission of con- stitution of 1848, 65
Indiana, popular majority required for adoption of amendments in, 185, 189, 190
Initiative, with reference to vote upon question of holding a con- vention, 42, 54; in the proposal of constitutional amendments, 127, 128, 292; in the proposal of laws, 232 Injunction, use of, to restrain ac-
tion by convention, 84, 94-96, 97, 102; to restrain submission of proposed amendments, 228-234 Jefferson, Thomas, draft of consti- tution for Virginia in 1776, 20, note, 271, note; draft of 1783, 27, 33, 39, note; proposal for popular vote upon constitution and amend- ments, 20, 124 Joint resolution, question whether the most proper form of pro- posing amendments, 155, note.
Kentucky, popular submission of constitution of 1891, 67, 68, 85,
Legislatures: framing of constitu- tions by, during revolutionary period, 11-23; proposal for legis- lative framing of constitution in Rhode Island, 26; later cases in which proposed constitutions framed by legislatures, 39, note, 59, note; calling of conventions by, either after or without popu- lar vote, 46-51; action by, in most states necessary for assembling of convention after favorable vote by people, 55-59; control by, over constitutional conventions, 73-92; states in which convention independent of legislature, 73, 74; popular vote for convention as authorizing control by legis- lature, 74-77; subordination of amending process to legislature, 79; limitation of legislative con- trol over convention, 79, 80; ef- forts of legislatures to control conventions, 81-87; power of, to require popular submission of constitutions, 83-88; efforts of conventions to exercise regular legislative powers, 105-117; alter- ation of constitutions by, without a popular vote, 120-123, 126; ma- jority required to propose amend- ments, 130, 131, 142, 143; two successive legislative actions re- quired for proposal of amend- ments, 125, 129, 130, 136, 156-158; action of legislature, after popu- lar approval, 205; constitutional revision through amending pro- cess, 260-262; appointment of con- stitutional commissions by, 262- 265; responsibility of, for fre- quency and character of proposed amendments, 272-274; should be permitted to act without popular vote upon trivial amendments, 289-291
Legislation, may be introduced into constitution by convention, 116; by amending process, 238 Liberal construction, of constitu- tional provisions with respect to amendments and revision, 95-103, 215-226
Louisiana, constitution of 1898 not submitted to popular vote, 67, 68 Maine, single legislative action for proposal of amendments under constitution of 1819, 126; use of constitutional commission in, 262 Majority, popular, required for calling convention, 52-54; for adoption of proposed constitu- tion, 69, note; for adoption of proposed amendments, 133, 134, 185-202
Mandamus, to enforce ministerial duty in aid of amending process, 161, 219, note, 228-234 Mandatory requirements, for valid- ity of proposed amendments, 217-
Maryland, formation of first con- stitution in, 12, 13; struggle for constitutional reform in, 61; method of altering constitution of 1776, 120, 121 Massachusetts, resumption of char- ter by legislature in 1775, 25; formation of first constitution, 8- 10, 23, 25; provision for conven- tion in and judicial opinion with reference to holding of conven- tion, 43, 45 Michigan, acceptance of conditions imposed by congress for admis- sion into union, 61; convention independent of legislative control in, 74; submission of constitution of 1908 by convention, 84; con- stitutional commission in, 260, 262, 265
Ministerial duties, with reference to submission of proposed amend- ments, enforcement by manda- mus, 219, 228, 232; omission of, as defeating proposal, 219, note. Minnesota, popular majority re- quired for adoption of amend- ments, 187, 189, 190
Mississippi, failure to submit con- stitution of 1890 to a popular
vote, 67, 71; no constitution ever adopted by popular vote in, 65, 70; slavery convention of 1850- 51, 70, 77; legislative action upon proposed amendments necessary after popular approval, 124, 205 Missouri, convention of 1861-63, 66, 106 Nebraska,
constitution of 1866 framed by legislature, 39, note, 59, note; popular vote required for adoption of amendments in, 188; party endorsement of pro- posed amendments in, 194-200 New England states, early devel- opment of constitutional conven- tion in, 25, 64
New Hampshire, formation of first constitutions in, 3-8, 23, 25; pro-
vision for convention in constitu- tion of 1784, 43
New Jersey, formation of first con- stitution in, 19; use of constitu- tional commissions in, 262 New York, formation of first con- stitution in, 10-12; under consti- tution of 1894 convention inde- pendent of legislative control, 55, 74; convention of 1801, 77; use of constitutional commissions in, 262-264
North Carolina, formation of first constitution in, 13, 14
Oaths, binding conventions to ob- serve restrictions imposed by leg- islature, 81; to support existing state constitution, 81 Ohio, party endorsement of pro- posed amendments in, 194-200 Officers, question whether conven- tion delegates are, 81 Oklahoma, distribution of argu- ments on proposed amendments in, 170, 171, 274 Ordinances, power of conventions to pass, 108-117 Oregon, distribution of arguments on proposed amendments in, 168, 172, 173, 174, 274
Party endorsement, straight party vote cast for amendments under, 194-200, 288 Pennsylvania, charter of liberties, method of altering, 2, note, 15; council of censors in, 35, 40, 41;
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