History of the United States, Volume 5Andrews, Elisha Benjamin
History
History of the United States, Volume 5
Andrews, Elisha Benjamin
United States -- History
Race war at the South following the abolition of slavery, new social
conditions everywhere, and the archaic nature of many provisions in the
old laws, induced, as the century drew to a close, a pretty general
revision of State constitutions. New England clung to instruments
adopted before the civil war, though in most cases considerably amended.
New Jersey was equally conservative, as were also Ohio, Indiana,
Michigan, and Wisconsin. New York adopted in 1894 a new constitution
which became operative January 1, 1895. Of the old States beyond the
Mississippi only Kansas, Iowa, Minnesota, and Oregon remained content
with ante-bellum instruments. Between 1864 and 1866 ten of the southern
States inaugurated governments which were not recognized by Congress and
had to be reconstructed. Ten of the eleven reconstruction constitutions
were in turn overthrown by 1896. In a little over a generation,
beginning with Minnesota, 1858, fourteen new States entered the Union,
of which all but West Virginia and Nebraska retained at the end of the
century their first bases of government. In some of these cases,
however, copious amendments had rendered the constitutions in effect
new.
As a rule the new constitutions reserved to the people large powers
formerly granted to one or more among the three departments of
government. Most of them placed legislatures under more minute
restrictions than formerly prevailed. The modern documents were much
longer than earlier ones, dealing with many subjects previously left to
statutes. Distrust of legislatures was further shown by shortening the
length of sessions, making sessions biennial, forbidding the pledging of
the public credit, inhibiting all private or special legislation, and
fixing a maximum for the rate of taxation, for State debts, and for
State expenditures.
South Dakota, the first State to do so, applied the initiative and
referendum, each to be set in motion by five per cent. of the voters, to
general statutory legislation. Wisconsin provided for registering the
names of legislative lobbyists, with various particulars touching their
employment. The names of their employers had also to be put down. Many
new points were ordered observed in the passing of laws, such as
printing all bills, reading each one thrice, taking the yeas and nays on
each, requiring an absolute majority to vote yea, the inhibition of
"log-rolling" or the joining of two or more subjects under one title,
and enactments against legislative bribery, lobbying, and "riders."
While the legislature was snubbed there appeared a quite positive
tendency to concentrate responsibility in the executive, causing the
powers of governors considerably to increase. The governor now enjoyed a
longer term, was oftener re-eligible, and could veto items or sections
of bills. By the later constitutions most of the important executive
officers were elected directly by the people, and made directly
responsible neither to governors nor to legislatures.
Public-domain text, read in full here on John Shaqi.
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