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
=Amendment of State Constitutions.=--The practice of inserting in the
constitution many provisions which are temporary in character, makes
frequent alteration a necessity if the constitution is to meet the
rapidly changing needs and conditions of the state. Some of the early
constitutions contained no express provision for their own amendment,
but as time passed changes became manifestly necessary, and in time they
were all amended or supplanted entirely by new ones, notwithstanding the
absence of amending provisions. Ultimately the advantage of pointing out
in the constitution a legal and orderly way of amendment came to be
generally appreciated, and at the present time all of the constitutions
contain amending provisions. These clauses provide that amendments may
be proposed, either by a convention called by the legislature, or by the
legislature itself, usually by an extraordinary majority; in either case
the proposed amendment must be submitted to the voters for their
approval, and it becomes a part of the constitution only if ratified by
a majority of those voting on the proposed amendment or, in some states,
by a majority of those voting at the election at which the proposed
amendment is submitted. A new method of amendment by popular initiative
was adopted in Oregon in 1902. According to this method a proposed
amendment may be framed by the people by petition and submitted to a
popular vote without the necessity of the intervention of the
legislature in any form.
In spite of the restrictions imposed, most of the constitutions are
frequently amended. During the two decades from 1900 to 1919, 1500
amendments were proposed by the legislatures of the several states, or
by popular initiative, and of these about 900 were ratified. At the
general election of 1918, no less than 130 amendments were voted on by
the people of the different states, and a number of others were awaiting
the action of the legislatures soon to meet. In five western states
alone 270 amendments were submitted from 1914 to 1919.
=References.=--BEARD, American Government and Politics, chs.
xxii-xxiii. BRYCE, The American Commonwealth (abridged edition),
chs. xxxiv-xxxv. DEALEY, Our State Constitutions, chs. ii-iii.
HART, Actual Government, ch. vi. HINSDALE, The American Government,
chs. xl, xli, xlix, l. WILSON, The State, secs. 1087-1095.
WILLOUGHBY, Rights and Duties of Citizenship, ch. x. WILLOUGHBY,
The American Constitutional System, chs. ii-x.
=Documentary and Illustrative Material.=--1. THORPE's Constitutions
and Organic Laws, or POORE's Charters and Constitutions, both
published by the Government Printing Office. 2. Pamphlet copies of
state constitutions can usually be obtained from the secretaries of
state of the various states. 3. The legislative manual of the
state, where usually a review of the constitutional history of the
state may be found.
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