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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-


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,

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,

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.

proposed amendments in legisla-
tive journal, 144-148, 216, 219, 221
Judiciary, see Courts.
Kansas, proposed constitution of
1855, 61

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,

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,

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,
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,

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,

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;

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 amendments, 132, 133, 136-140
of convention of 1873, 83-84 Rhode Island, continuance of char-
Political question, when question of ter government in, 26; proposal
adoption of constitution or of legislature to frame new con-
amendment becomes political, 102, stitution in 1777, 26; judicial
222-226; is question of proper opinion that convention may not
adoption of amendments a politi- be held, 45; constitutional strug-
cal question, 209-214
gle in, 60; constitutional revision
Popular vote: character of partici- by amending process in, 259, 261,
pation in framing of first state 262, 265
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
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 of
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


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.

amendment, 143, 144
Reconstruction conventions,

mission of work to popular vote,
59, 66; powers exercised by, 106,


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

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,


Unconstitutional legislation, judi-
cial control over, not recognized
when first constitutions framed,
31-37; disadvantage of judicial
power with respect to, 254, 255
United States, bound by constitu-
tion to support existing state gov-
ernments, 62; question of ratify-
ing constitution of, submitted to
a popular vote in Rhode Island,
63; constitution binding upon
state conventions, 93; attitude of
federal courts with reference to
validity of state amendments, 226-
228; state courts as interpreters
of federal constitution, 241-248
Vermont, council of censors in, 35,

36, 41; use of constitutional com-
mission in, 262, 265, note.
Veto power, question whether ap-

plicable to legislative resolutions
regarding vote upon question of
holding convention and to pro-
visions for assembling of conven-
tions, 56, note; whether applicable
to proposals of amendment, 148-
154, 274, 287; power exercised by
courts over laws and proposed
amendments, 242-248
Virginia, formation of first consti-
tution in, 19-21; constitution of
1829 submitted to people, 64; con-
stitution of 1902 not submitted,
67, 68, 86, 100, IOI
Written constitutions, reasons for,
in the United States, 2, 3
Wyoming, distribution of text of
proposed amendments in, 178;
popular majority required for
adoption of amendments, 186, 189

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