PART V CONSTITUTIONAL AMENDMENTS ARTICLE 99. PROCESS OF AMENDMENT 8 $990. How Proposed in the Legislature. Amendments to the Constitution may, in most States, be proposed in either house.' But in one, they can only be proposed in the senate, and only on every tenth year, beginning with 1880. In one other, they can only be proposed in the house.3 They must be ratified by a majority of the members present in each house, or elected; 5 by three fifths of the elected members of each house; by two thirds of a quorum of each house; by two thirds of the elected members of each house; by a majority of the elected members of each house of two successive Legislatures; by a majority of the senators and two thirds of the representatives, present and voting thereon, of two successive Legislatures; 10 by a majority of the elected members of each house and two thirds of the members of each house of the next succeeding Legislature;" by three fifths of the first Legislature and two thirds of the next, as in Tennessee; 12 by two thirds of the elected members of the first Legislature, and also of the next; 13 by two thirds of the elected senators and a majority of the elected members of the house, in the Legislature proposing them, and by a majority of the elected 9 1 Ala. 284; Ark. 19, 22; Cal. 18, 1; Col. 19, 2; Del. 16, 1; Fla. 17, 1; Ga. 13, 1, 1; Ida. 20, 2; Ill. 14, 2; Ind. 16, 1; Io. 10, 1; Kan. 14, 1; Ky. 256; La. 321; Mass. Amt. 9; Md. 14, 1; Mich. 20, 1; Minn. 1897, 185; Mon. 19, 9; N. D. 202; Nev. 16, 1; N. J. Art. 9; N. Y. 14, 1; O. 16, 1; Okla. 24, 1; Ore. 17, 1; Pa. 18, 1; S. C. 16, 1; S. D. 23, 1; Tenn. 11, 3; Utah 23, 1; Va. 196; Wash. 23, 1; W. Va. 14, 2; Wis. 12, 1; Wy. 20, 1. 2 Vt. Amt. 25, 1. 3 Ct. Art. 11. • Minn. 14, 1. Ark.; Mo. 15, 1-2; Okla. Ala.; Fla.; Ky.; Md. 14, 1; Neb. 15, 1; O.; S. D. 7 Me. 10, 2; Miss. 273. Cal. 18, 1; Col.; Ga.; Ida.; Ill.; Kan.; La.; Mich.; Mon.; Nev.; Amt. 1887, p. 170; S. C.; Tex. 17, 1; Utah; W. Va.; Wash.; Wy. Ind.; Io.; N. D.; Ore. 17, 1; N. J.; N. Y.; R. I. 13, 1; Va.; Wis. 10 Mass. Amt. 9. 11 Tenn. 11, 3. 12 N. C. 13, 2. 13 Del., Pa. members of each house of the next Legislature.1 After being proposed as above, they are to be published and must be ratified by two thirds of each house at the next Legislature.2 In New Hampshire there is no provision for proposing single amendments. § 991. Ratification by the People. — In all the States except Delaware the proposed amendment, having passed the Legislature according to 690, must then be ratified by a majority vote of the people at the next election,3 or by a three-fifths vote at such election,* or a two-thirds vote." § 992. Ratification by the Legislature. — And in one State, the proposed amendment, having passed both the Legislature and the people according to §§ 990, 991, must again be ratified by a majority of the elected members of each house of the next Legislature after the election by the people ratifying it. But quaere whether this is valid. § 993. Restrictions. In two, the Legislature cannot propose amendments to more than one article in any one session; nor to the same article oftener than once in four years. Not more than two or three 10 can be voted upon at the same time. The same amendment cannot be submitted to the people oftener than once in five years; once in six years. 12 Not more than three can be so submitted at the same election.13 If two or more are submitted at the same time, the electors must be permitted to vote on each separately. While an amendment approved by one Legislature is awaiting the action of the next, no other can be proposed. 15 No amendment shall relate to more than one subject.10 14 11 § 994. General Revision. — There is, in most States, provision for a general revision of the Constitution by a convention called for that purpose. Thus, whenever two thirds (or in Alabama, Iowa, Kentucky, Michigan, Missouri, New Hampshire, New York, Tennessee, Virginia, Wisconsin, West Virginia, a majority; and in Nebraska, three fifths) of the elected members of each house of the 1 Vt. 2 Ct. For citations, see § 990. R. I. Art. 13. N. H. 2, 98. • S. C. 16, 2. 11 N. J.; Pa. 12 Tenn. 13 Ark., Kan., Mon. 14 Fla. 17, 1; Ga. 13, 1, 1; Ida, 20, 2; Ind. 16, 2; Io. 10, 2; Kan.; Ky.; La.; Md.; Minn.; Mon.; Neb.; N. J.; N. D.; 16, 2; S. D.; Wis.; Wy. 7 Col., Ill., not more than three, O.; Okla.; Pa.; S. C. Mon. 8 Ill. • Ky. • Mon. Utah; Wash.; W. Va.; 4 Legislature vote that such convention is necessary, the question is referred to the people; if they vote at the next election 1 for the convention, the Legislature is to provide for holding the same. In Oklahoma the Constitution may be revised at any time if the Act calling the convention be approved by the people, on a referendum or upon an initiative petition therefor. And in some, the question of holding such a convention is regularly submitted to the people at stated times, at a general election; as, every ten years, beginning with 1870; every twenty years, beginning with 1916;5 with 1871;° with 1887; every sixteen years, beginning with 1866; every seven years. The delegates to such constitutional convention are, in all these States, to be elected by the people. They must be double the number of the Legislature,10 or the same as the House," or thrice the Senate, and fifteen at large. 12 Such provisions are interesting, but frequently not effective. One generation can hardly bind the next, even to vote upon a new Constitution; if the Legislature fail to set the machinery in motion, nothing can be done. 8 § 995. Ratification. — The Constitution, as so amended by the convention, must then be ratified by the people at a general election ;13 at a special election called for the purpose." In others, apparently, goes into effect at once. it § 996. Amendments to the United States Constitution may not, by the Constitutions of Florida and Tennessee, be ratified by any convention or assembly (Legislature) of the State which was not elected after such amendment was submitted.15 1 The popular vote for the convention must equal one-fourth of that thrown at the last election (Ky.). Mich. Mon. 2 Ala. 286; Cal. 18, 2; Col. 19, 1; Del. 16, 2; Fla. 17, 2; Ga. 13, 1, 2; Ida. 20, 3; Ill. 14, 1; Io. 10, 3; Kan. 14, 2; Ky. 258 (by a majority of two successive houses); Me. 4, 3, 15; 20, 2; Minn. 14, 2; Mo. 15, 3; 19, 8; N. C. 13, 1; Neb. 15, 2; Nev. 16, 2; N. H. 2, 98; N. Y. 15, 2; O. 16, 2; S. C. 16, 3; S. D. 23, 2; Tenn.; Utah 23, 2; Va. 197; Wash. 23, 2; W. Va. 14, 1; Wis. 12, 2; Wy. 20, 3. Okla. 23, 2 & 3. not to give criminating evidence, III, § 136. of crime, to hear cause, etc., pp. 18, 19, 21, 77; III, §§ 120, 123. witnesses, evidence, p. 76; III, § 135. ACT OF SETTLEMENT, ANNE, pp. 3, 46, 50, 76–89; III, § 102 n. 10. equity and common law mixed, § 671. for death, survive, III, § 535. one form of, III, § 670. ACTON BURNEL, Statute of, p. 93. "ADMINISTRATIVE LAW," does not exist with us, pp. 11, 16. ADMINISTRATORS AND EXECUTORS, may not invest in corporate se- curities, p. 70; III, §§ 424, 509. ADMIRALTY JURISDICTION, early jealousy of, pp. 14, 98. ADOPTING CHILDREN, special laws forbidden, III, § 395. AFFIRMATIONS, III, § 47. AGE OF CONSENT, in women, III, § 431. AGRICULTURAL CORPORATIONS (See CORPORATIONS), III, § 502. AGRICULTURE, regulating, special laws forbidden, III, § 395. State Commissioner of, III, § 202. State may not engage in, III, § 6. ALFRED, LAWS OF, p. 13. ALIENS (See MONGOLIANS), general provisions against, III, § 22. voting rights, § 240; labor of, § 464. in actions, to be allowed, III, § 676. of laws, etc. (see LEGISLATION, CONSTITUTIONS). AMENDMENTS OF CONSTITUTIONS, frequent, III, § 1 (see PREFACE). how proposed, § 990; ratified by people, §§ 991, 995; by legislature, APEXING, law of, new, p. 71. APOLOGY, form of, p. 103. |