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

TABLE OF CASES...

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

Reasons for framing written constitutions

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 . . .

Power of conventions to enact legislation not of a constitu-
tional character.

IV. The Amendment of State Constitutions

Conventions and amendment through legislative action

History of amending procedure . . .

Present methods of amending constitutions.

Flexible and rigid constitutions

Steps in the amending process.

5 ន ម ន ន៩៩៩ ៩

104

.

118

118

120

Legislative majority for proposal..

ix

142

Reading and journal entry

Executive veto power ..

Binding force of legislation with respect to amendments

Restrictions upon amending power..

Action by two successive legislatures.

Publication of proposed amendments.

Distribution of proposals to voters.

Form of submission . .

Time when amendment becomes effective.

184

Printing on ballot in full or by title

184

Popular vote required to adopt amendments

185

Ballot devices to force electors to vote on amendments.

Party endorsement of amendments . . .

194

203

205

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-

ernment

Attitude of federal courts

Mandamus and injunction

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

posal. . . .

Constitutional amendments and ordinary legislation

Overruling of courts by constitutional enactments

Judicial veto power with respect to amendments.

Breaking down of distinction between state statutes and

constitutions ...

Limits of legislative power to propose amendments

Constitutional commissions . .

V. The Working of the Constitutional Referendum. .

Frequency with which amendments are proposed . .

Subjects upon which a real popular judgment may be ob-

tained ..

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