Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
Later, when a territory asked to be admitted to the union as a new
state, Congress, through what is called an "enabling act," empowered the
people of the territory to choose a convention to frame a constitution
which, when submitted to the voters and approved by them, became the
fundamental law of the new state. In a number of cases, however, the
people of the territory went ahead on their own initiative, and without
the authority of an enabling act framed their constitution and asked to
be admitted, and sometimes they were admitted as though they had acted
under the authority of Congress. Whenever an existing state wishes to
frame a new constitution for itself, the usual mode of procedure is for
the legislature either to pass a resolution calling a convention, or to
submit to the voters the question of the desirability of a new
constitution. A resolution calling a convention usually requires an
extraordinary majority of both houses of the legislature, two thirds of
the members being the most common rule.
=Ratification of New Constitutions.=--When the draft of the constitution
has been completed by the convention, it is usually submitted to the
voters of the state at a general or a special election, and if it is
approved by a majority of those voting on the constitution, or (in some
states) of those voting at the election, it supersedes the old
constitution and goes into effect on a day prescribed. In some
instances, however, new constitutions were not submitted to popular
vote; instead, the convention assumed the right to put them into effect
without popular approval. Of the twenty-five state constitutions adopted
before the year 1801, only three were submitted to the voters for their
approval, but as time passed the practice of giving the people an
opportunity to approve or reject proposed constitutions became the rule.
In the twenty years between 1890 and 1910 eight new constitutions were
submitted to the people, and only five were put into force without
popular ratification, namely, those of Mississippi (1890), South
Carolina (1895), Delaware (1897), Louisiana (1898), and Virginia (1902).
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