The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
103 Since the alliance of the original thirteen States, thirty-five have
been admitted into the Union by acts of Congress either directing
the people to select delegates and enact a Constitution or accepting
a Constitution already made by the people. An illustration of the
former method of procedure is offered in 25 U. S. St. at L. 676 c
180, providing for the admission of North Dakota, South Dakota,
Montana, and Washington into the Union, and of the latter in 26 U.
S. St. at L. 215 c 656; 222 c 664, providing for the admission of
Idaho and Wyoming. “Of these instruments (State Constitutions),
therefore, no less than of the Constitutions of the thirteen
original States, we may say that although subsequent in date to the
Federal Constitution, they are, so far as each state is concerned de
jure prior to it. Their authority over their own citizens is nowise
derived from it.”—Bryce’s _American Commonwealth_ (Third Edition),
Vol. I, p. 431.
104 “A constitution is an instrument of government, made and adopted by
the people for practical purposes, connected with the common
business and wants of human life. For this reason pre-eminently
every word in it should be expounded in its plain, obvious and
common sense.”—Per Allen J., in Peo v. New York, Cent. R. Co., 24 N.
Y. 485, 486.
105 Legislatures cannot change Constitutions. “I consider the people of
this country as the only sovereign power. I consider the legislature
as not sovereign, but subordinate; they are subordinate to the great
constitutional charter, which the people have established as a
fundamental law and which alone has given existence and authority to
the legislature.”—Per Roane, J. in Kanper v. Hawkins, 1 _Va. Cas._
20, 86.
106 “Some of the state constitutions provide for periodically submitting
to the voters the question whether a convention shall be called to
revise and amend the constitution. Regardless of whether or not
provision is made for periodical resubmission of the question of
calling a convention, the constitutions usually provide that the
legislature may, of its own volition, submit to a vote of the people
the question whether a convention shall be called, and subject to
any existing constitutional limitations, may prescribe the time and
manner of electing delegates to such convention.”
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