sover-

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,
39-41
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-

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-

221

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;

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