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New York Constitution of 1846 provided that in 1866 and each twentieth year thereafter the sense of the people should be taken as to the calling of a convention for revising the Constitution. This question was submitted in 1886 and was answered in the affirmative by a majority of more than 300,000. David B. Hill was Governor of New York at that time, however, and he and the Legislature were unable to agree upon a plan for the apportionment of delegates. In consequence the necessary legislation for the election and meeting of the convention could not be enacted. This deadlock continued until 1893, when provision was finally made for the election of delegates. When the Convention which assembled in Albany May 8, 1894, had the article relating to amendment under consideration, the members recalled how the attempt of the people for a revision of the Constitution had been thwarted for six years. Accordingly they rehabilitated a plan suggested but not adopted in the Massachusetts Convention of 1853. This plan was embodied in the New York Constitution in the following words:

At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, "Shall there be a convention to revise the Constitution and amend the same?" shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employés and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings.

The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the Convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates at large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval.1

This section of the Constitution seems to provide for every step that is necessary to the election and assembling of a convention and the submission of its work to the people except only that no provision is made for the expenses of the election of delegates. The New York plan was substantially copied by the Michigan Convention of 1907 and forms part of the Constitution of that State.

IV. SPECIFIC AMENDMENTS.

1. The Formulation and Submission of Amendments. The adoption of specific amendments by the combined action of the legislature and the people is now provided for in all the States except New Hampshire, where amendments may be proposed only by a constitutional convention, and Delaware, where the legislature may adopt amendments without submitting them to the people. The procedure to be followed by the legislature is usually prescribed in considerable detail. The requirements relate to the vote necessary to propose amendments, the length of time for which they must be published, the vote required in the second legislature (when such action is necessary at all), and the method of final submission to the people.

In general, amendments may originate in either house, but there are two exceptions. In Vermont amendments must

1 Constitution of New York (1894), Art. XIV, sec. 2.

originate in the Senate, receive the approval of two-thirds of the Senate and a majority of the House, and must then be referred to the next legislature. If they are then approved by a majority of each house they are referred to the people. In Connecticut a majority of the House of Representatives may originate amendments, and refer them, without any action on the part of the Senate, to the next legislature, when, if concurred in by two-thirds of each house, they are referred to the people.

In nineteen States amendments may be submitted by a majority of each house. In seventeen the assent of two-thirds of each house is necessary, and in seven there must be a threefifths vote. Massachusetts requires the approval of the majority of the Senators and two-thirds of the members of the House of Representatives.

Many constitutions have required that proposed amendments should be submitted to a second legislature, but with the growth of biennial elections this so much prolonged the period required for the submission of an amendment that this provision is being gradually abandoned. Sixteen States, however, including Massachusetts, still require it. South Carolina has the illogical and cumbersome provision that a proposed amendment shall be submitted to a second legislature after it has been ratified by the people.

In order to serve as public notice many constitutions require that proposed amendments shall be published for a certain period before action is taken on them by the people. This is regarded as a matter of so much importance that it is regulated in considerable detail. In Delaware, for instance, there must be a publication in three papers in each county. In Maryland there must be publication in two papers in each county, except in the city of Baltimore, where publication in three papers, one to be in the German language, is required. Georgia requires publication in one paper in each congressional district. The length of the period of publication varies greatly. In a few cases public notice without any specified length of time is required. In others the period is fixed at four weeks, six weeks, two months, ninety days, four months, six months, and even twelve months. By far the largest number require publica

tion for three months only. Publication in the newspapers usually attracts so little attention that several States now attempt to reach the individual voter in a more direct way. In California, for instance, a pamphlet containing not only the text of the proposed amendment but arguments for and against is sent to each voter. This device has been adopted in several other States, particularly in those in which amendments may be proposed by popular petition. Testimony as to its success widely varies.

As it is the intention that the legislature shall submit only specific amendments and shall not undertake a general revision of the constitution, various provisions have been adopted for the purpose of limiting the extent to which the legislature may go. In Vermont amendments may be submitted only at the beginning of each decade. In New Jersey and Pennsylvania they may be submitted not more than once in five years, and in Tennessee not more than once in six years. In Kentucky an amendment that is rejected may not be re-submitted for five years. Montana, Kansas and Arkansas allow not more than three amendments to be proposed at the same election, and Kentucky limits the number to two. In Indiana and Oregon, while an amendment is awaiting the action of the succeeding legislature, no other amendment may be proposed. Kentucky requires that each amendment shall relate to but one subject. Illinois allows but one amendment to be proposed at each session of the legislature, while in Colorado the number is limited to six. In Illinois an amendment to the same article may be proposed but once in four years.

Beginning in 1902 provision has been made in several States for the submission of amendments through the instrumentality of an initiative petition. The constitutions of these States prescribe in much detail the process which is to be followed. The rules set forth relate to the form of the amendment, the number of signatures required, methods of obtaining and verifying signatures, publication, notice to the voters, time of submission and the vote necessary for ratification.1

Specific amendments may also be submitted by a constitutional convention. While this body is usually thought of as the

1 This method of amendment is fully described in Bulletin No. 6, The Initiative and Referendum.

instrument for effecting a general constitutional revision, no hard and fast line can be drawn between a general revision and specific amendment. In practice the work of constitutional conventions has been submitted in both forms. The Michigan Convention of 1907-1908 submitted its work in the form of a revised constitution which was accepted as a whole. The Ohio Convention of 1912 submitted a series of specific amendments. The New York Convention of 1915 submitted a revised constitution, but provided for a separate vote on two articles. The Massachusetts Convention of 1917-1918 is submitting a series of specific amendments.

2. The Ratification of Amendments.

In every State except Delaware amendments proposed by the legislature or by an initiative petition must be submitted to the people for ratification. It is commonly provided that when more than one amendment is submitted at the same election they shall be so submitted that the voters may vote upon each one separately. Even when an entire constitution is submitted for approval it is not uncommon for provision to be made for a separate vote upon particular sections. In nineteen States the approval of a majority of the voters who vote upon an amendment is sufficient for its ratification, but in sixteen States the approval of a majority of all the voters voting at the election at which the amendment is submitted is required. In such States ratification is difficult, for the indifference of voters to proposals for constitutional amendment is notorious and widespread. It has been calculated that in the decade from 1898 to 1908 449 amendments were submitted, 310 of which were voted upon by less than 60 per cent of the voters who went to the polls; 239 by less than 50 per cent; and 37 by less than 25 per cent. Of the 296 which were adopted, only 68 received the approval of a majority of the voters who participated in the election. On the other hand 41 received a majority of the votes cast on the amendments, but failed because they did not receive a majority of the votes cast at that election. Several explanations have been offered for this indifference. Much of it is evidently due to the trivial character of the amendments submitted, but even when the amendment is

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