The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
According to the Maryland constitution of 1776 it was necessary that an
amendment should "pass the General Assembly, and be published at least
three months before a new election" and confirmed by the General
Assembly in the first session after such election.[51] The South
Carolina constitution of 1778 permitted "a majority of the members of
the senate and house of representatives" to adopt amendments after
having given ninety days' notice of such intention. The constitution of
Delaware, 1776, required that constitutional amendments should be
assented to by five-sevenths of the lower house and seven-ninths of the
upper. This check on amendment was largely inoperative, however, for the
reason above mentioned, viz., that the legislature was supreme, and
could enact by majority vote such laws as it saw fit, whether they were
in harmony with the constitution or not.
Five other state constitutions made provision for the adoption of
amendments by conventions. The Pennsylvania constitution of 1776
provided for the election every seventh year by the freemen of the state
of a "Council of Censors" to hold office during one year from the date
of their election. This body had the power "to pass public censures, to
order impeachments, and to recommend to the legislature the repealing
such laws as appear to them to have been enacted contrary to the
principles of the constitution." They also had power to call a
convention for amending the constitution. "But ... the amendments
proposed ... shall be promulgated at least six months before the day
appointed for the election of such convention, for the previous
consideration of the people, that they may have an opportunity of
instructing their delegates on the subject." This provision of the
Pennsylvania constitution of 1776 was copied in the Vermont constitution
of 1777. The constitution of Georgia, 1777, contained the following: "No
alteration shall be made in this constitution without petitions from a
majority of the counties, and the petition from each county to be signed
by a majority of the voters in each county within this state; at which
time the assembly shall order a convention to be called for that
purpose, specifying the alterations to be made, according to the
petitions preferred to the assembly by the majority of the counties as
aforesaid." The Massachusetts constitution of 1780 provided that the
question of amendment should be submitted to the qualified voters of the
state, and if two-thirds of those voting favored amendment, it was the
duty of the legislature to order the election of delegates to meet in
convention for that purpose. The New Hampshire constitution of 1784
contained a similar provision.
Public-domain text, read in full here on John Shaqi.
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