present form in the American Political Science Review for November, 1908, and a part of Chapter IV appeared in the November, 1910, number of the Columbia Law Review. Professor W. W. Willoughby of Johns Hopkins University has been kind enough to read this work in proof, and to make many useful suggestions.

W. F. DODD

PREFACE.

TABLE OF CONTENTS

PAGE

V

TABLE OF CASES..

I. The First State Constitutional Conventions, 1776-1783.

Reasons for framing written constitutions

xiii

I

I

Provisions for altering first state constitutions

II. The Constitutional Convention, 1784-1908 . .

Growth of distinction between constitutions and statutes

Methods of calling conventions . . .

Submission of constitutions to a popular vote. .

III. The Legal Position of the Constitutional Convention

Legislative control of conventions . . . .

Constitutional restrictions upon power of conventions

Implied restrictions . . .

103

Power of conventions to enact legislation not of a constitu-

Legislative ratification in Mississippi and South Carolina

Erroneous and contradictory amendments .

Judicial control of the amending process.

Whether amendment adopted a judicial question.

Doctrine of liberal construction . .

Amendments fundamentally affecting organization of gov-

209

209

215

Control over form of procedure, not over substance of pro-

Legislative power to propose complete constitution in guise

of an amendment . . .

258

Limits of legislative power to propose amendments .

Constitutional commissions .

260

262

V. The Working of the Constitutional Referendum . .

266

Frequency with which amendments are proposed . .

Subjects upon which a real popular judgment may be ob-

tained

266

270

APPENDIX: Table of votes on constitutional questions, 1899-1908 . 293

INDEX

345