amendments, 132, 133, 136-140
Rhode Island, continuance of char-
ter government in, 26; proposal
of legislature to frame new con-
stitution in 1777, 26; judicial
opinion that convention may not
be held, 45; constitutional strug-
gle in, 60; constitutional revision
by amending process in, 259, 261,
262, 265

Secession conventions in South,
submission of work to popular
vote, 65; powers exercised by,
105, 106

popular submission of constitu- | Restrictions upon proposal of
tions in, 63, 65; judicial restraint
of convention of 1873, 83-84
Political question, when question of
adoption of constitution or
amendment becomes political, 102,
222-226; is question of proper
adoption of amendments a politi-
cal question, 209-214
Popular vote character of partici-
pation in framing of first state
constitutions, 5-21; upon ques-
tion of calling conventions, 47-
54, 57, 58; upon proposed con-
stitutions, 62-70; power of legis-
lature to require vote on pro-
posed constitutions, 83-88; first
proposal to require vote on
amendments, 124; majority re-
quired for adoption of amend-
ments, 133, 134, 185-202, 216; ad-
ministrative determination re-
garding, as conclusive, 209-211;
recanvass of vote under judi-
cial supervision, 215; form in
which convention may submit its
work to people, 258, note; propor-
tion of voters voting on amend-
ments, 275-278; character
popular vote, 278-287; popular
vote unnecessary on amendments
of a trivial character, 289-292
Primary election, party endorse-
ment of proposed amendments in,
194, 195, 199
Publication of proposed amend-
ments, 154, 158-178, 219
Reading, legislative, of proposed
amendment, 143, 144
Reconstruction conventions, sub-
mission of work to popular vote,
59, 66; powers exercised by, 106,

107

of

Referendum, upon question of hold-
ing constitutional convention, 48-
54, 74-76; upon law under which
convention is to be held, 57, 69,
92; judicial power to restrain
submission of laws and proposed
amendments, 228-234; upon sta-
tutes, 250-252; as means of break-
ing down judicial power to de-
clare laws invalid, 252-258; work-
ing of referendum on proposed
amendments, 266-292

Social contract, theory of the, 2, 3
South Carolina, formation of first
constitutions in, 17-19; constitu-
tion of 1895 not submitted to
popular vote, 67, 68; convention
of 1832-33, 77; alteration of con-
stitution of 1778 by legislative
action, 121; legislative ratification
of proposed amendments after
popular approval, 123, 205
Southern states, reconstruction
constitutions in, 59; submission of
secession and reconstruction con-
stitutions in, 65, 66; conventions
during secession and reconstruc-
tion periods, 105-107
Sovereignty, theory of conventional,
77 and note.

Statutes, judicial control over

re-

ferendum for, 232, 233; judicial
power of annuling, 238-248; rela-
tions between statutes and con-
stitutional amendments, 237-258;
disappearance of distinctions be-
tween statutes and constitutions,
243, 249-258; referendum upon,
as weakening judicial power to
annul laws, 252-258

Suffrage, qualifications for exercise
of, in voting upon questions of
holding convention, for delegates
to convention, and upon pro-
posed constitution, 58 and note.
Territories, framing of constitu-
tions in, 59; powers of conven-
tions in, 107

Time, period of, required for adop-
tion of amendments, 138, 139
Town meeting, New England, 25,
64