8 the Formation of State Constitutions

constitutional, federal, law, convention and ed

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Space does not permit the further analysis of these documents. It should, however, be noted that the later constitutions, as those of New York and Massachusetts, were more com plete and more carefully drawn than the earlier ones, their framers profiting from the experi ence of the other States. All of these constitu tions, while republican, were not democratic in character, as judged by later standards. The religious and property qualification, so charac teristic of 18th century ideas, gradually disap peared with the advance of the new century, and the chief defects of these instruments, the excessive power placed in the hands of the legislature and the weakness of the executive, were in time corrected. So conservative, how ever were some of the original States, and so well adapted were these constitutions to serve the purpose for which they were designed, that five of them, although amended, were not super seded for more than a half-century, and one, that of Massachusetts, is still in force.

The period from 1776 to 1780, it has been truly said, is °the most eventful constitution making epoch in our history." It marks the transition from colonial to commonwealth gov ernments. Moreover just as these constitutions were largely based upon the organic law of the colonies, so in turn they served as models and furnished the chief features for the Federal Constitution. In addition, Judge Jameson has pointed out that from the revolutionary con ventions of the earlier part of this period there developed before its close that peculiarly Amer ican institution, the constitutional convention,— such as the ones held in Massachusetts and New Hampshire,— which in subsequent years was accepted as the all-important organ for framing the State constitutions. The method

these two States employed in drafting their constitutions through a constitutional convention, and its subsequent submission to the voters for their approval, came to be the normal practice followed in the other States in ordaining their organic law. See CONSTITUTION; Constitutional Government.

Baldwin, S. E., 'Modern Political Institutions> (1908) ; Borgeaud, C., 'Adoption and Amendment of Constitutions in Europe and America> (1895) ; Bryce, J., 'Amer ican Commonwealth> (4th ed., New York 1910) ; Dealey, J. Q., 'Our State Constitutions' (1907); Dodd, W. F., 'Amendment and Revi sion of State Constitutions' (1910) ; Hitchcock, H., 'American State Constitutions> (1887) ; Jameson, J. A., Convention' (4th ed., 1887) • Lobingier, C. S.; 'The People's Law> (1900 ; Michigan Constitutional Conven tion, 'Digest of Excerpts from State Constitu tions> (1907); Morey, W. C., 'First State Con stitutions in American Academy of Political and Social Science Annals> (September 1893) ; Schouler, J. 'Constitutional Studies, State and Federal> (1i397) ; Newman, T. H. ed., 'Digest of State Constitutions> (1912) ; Stimson, F. J., 'Law of the Federal and State Constitutions of the United States> (1908) ; Thorpe, F. N., 'Federal and State Constitutions> (with bibliog raphy, 1909) • Phillips, J. B., 'Recent State Con stitution Making> (1904).

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