UNITED STATES—THE FORMATION OF SrATI CONSTITUTIONS ; UNITED STATES — STATE (ON STITUTIONS OF THE; CONSTITUTION, FRAMINI OF THE; CONSTITUTION OF THE UNITED CONSTITUTIONAL AMENDMENTS, HISTORY sr; UNITED STATES — THE FEDERAL CONVENTION OF 1787.
Constitutional conventions have been held A the various States in the following years, melt of the instruments framed being adopted tie same or the succeeding year, but in some cases constitutions were framed by bodies other thin regularly constituted conventions (the words "not submitted') meaning that the constitution was put into operation without first submitbr it to popular vote) : Methods of Calling Conventions.— The only provisions for calling conventions to be found in the earlier State constitutions were contained in those of Pennsylvania (1776), Vermont (1777), Georgia (1777), Massachu setts (1778) and New Hampshire (1784). In Pennsylvania the people were to elect a council of censors every seventh year, on the consent of two-thirds of whom a convention might be called to amend such parts of the constitution as the council thought necessary, but any pro posed amendments, additions or excisions should be promulgated oat 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." Only one meeting of this council was held and in 1790, after the constitutional requirements had been ignored in calling the convention of 1789, the council was abolished. Vermont made the same provision but the members of the council of censors were to be elected in a different manner. The Vermont •council had called several constitutional conventions before being abolished in 1870. The Georgia constitu tion of 1777 provided that the legislature should call a convention if petitioned to do so by a majority of the voters of a majority of the counties, but the petitions must specify the desired amendments and in calling the conven tion the legislature must do likewise. In Massa chusetts the desirability of revising the con stitution was to be voted upon in 1795 and if two-thirds of the votes cast favored such re vision, the general court was to call a constitu tional convention, but as the vote was adverse the State never afterward had a constitutional provision for calling conventions, though the State attorney-general contends that such a convention is not only legal but is expressly authorized by the State constitution (1917 Mass. House Doc. 1711, pp. 2-3). The New Hamp shire constitution of 1784 provided for the calling of a convention within seven years upon a favorable popular vote and the constitution of 1792 contained a similar provision for a vote within each seven years thereafter. Seven of the Revolutionary constitutions which continued after 1784 made no provision for conventions and others recently adopted have omitted such provisions (Georgia, 1798; Connecticut, 1818; New York, 1822; Missouri, 1820; Rhode Island, 1842; Pennsylvania, 1790, 1838, 1873; Virginia, 1830, 1852, 1864; Vermont, 1870; Arkansas, 1868, 1874; Tennessee, 1834; Texas, 1868; Louisiana, 1845, 1851, 1864, 1868, 1879, 1898), though in States which possess no such con stitutional authority it has been assumed that conventions may be called. • Of the State constitutions now in force, 12 (Massachusetts, Vermont, Connecticut, Rhode Island, New Jersey, Pennsylvania, Mississippi, Louisiana, Texas, Arkansas, Indiana, North Dakota) make no provision whatever for calling conventions, but conventions may be called .in these States by legislative action, and the legis lature has power to determine whether the people shall have an opportunity to express their wishes by voting upon the subject. Judge
Jameson calls attention to 27 conventions which have met without constitutional authority for their assembling (Arkansas, 1874; Connecticut, 1818; Georgia, 1833, 1839; Indiana, 1850; Louisiana, 1852, 1879; Massachusetts, 1853; Missouri, 1845, 1861, 1865; New Jersey, 1844; New York, 1801, 1821, 1846; North Carolina, 1835; Pennsylvania, 1837, 1872; Rhode Island, 1824, 1834, 1841, 1842; South Carolina, 1790; Tennessee, 1870; Texas, 1876; Virginia, 1829, 1850) and since he wrote there have been at least three cases of the same character Mississippi in 1890, Louisiana in 1898 and Con necticut in 1902. To this list also should prob ably be added the conventions of Delaware, 1791 and 1852; Maryland, 1850; Massachusetts, 1820 and 1917-18; and Indiana, 1918. Under another class of constitutions, such as those of Maine and Georgia, the legislature is em powered to call conventions without first sub mitting to popular vote the question whether a convention shall be held. Among the conven tions thus called were those of Connecticut (1818), Rhode Island (1824, 1834, 1841, 1842), New Jersey (1844), Missouri (1861, 1865), Arkansas (1874), North Carolina (1875), Louisiana (1879), Mississippi (1890) and the secession and reconstruction conventions. On the other hand, several legislatures, though bound by no constitutional provisions, submit ted the question to the people; among such were the conventions of Massachusetts (1820, 1853), New York (1821, 1846), Virginia (1829, 1850), Maryland (1850), North Carolina (1835), Pennsylvania (1837, 1872), Missouri (1845), Louisiana (1852, 1898), Tennessee (1870), Texas (1875) and Connecticut (1902). A third plan, adopted by 32 States, requires popular approval before a convention can be called, but in 25 of these States (Alabama, California, Colorado, Delaware, Florida, Idaho, Illinois, Kansas, Kentucicy, Minnesota, Missouri, Mon tana, Nebraska, Nevada, North Carolina, Ore gon, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming) the legislatures have the power to decide the proper time when ,the question of holding a convention shall be sub mitted to the people. Seven constitutions con tain a provision that the question of calling a convention shall be voted upon by the people at regular intervals without reference to legis lative action. New Hampshire requires a vote upon this question every 7 years; Iowa every 10 years; Michigan every 16 years; Maryland, New York and Ohio every 20 years; and Okla homa at least once every 20 years, though the legislature has discretionary power to submit the question more frequently. The legislatures of Iowa, Michigan, New York and Ohio may submit to the people the question of holding a convention at other times than those above specified. In States where the initiative and referendum are in vogue the legislatures have lost a large part of their control over the calling of conventions, since the people themselves may initiate and adopt a measure providing for the holding of a convention. These provisions have been adopted in the following States: Oregon (1902), Oklahoma (1907), Missouri and Michi gan (1908), Arlcansas and Colorado (1910), Arizona and California (1911), Nevada, Ne braska and Ohio (1912) and North Dakota (1914), and in 1913 Michigan broadened and simplified the provision inserted by the conven tion of 1908. In Idaho, Maine, Montana, South Dakota, Utah and Washington also the people can initiate and adopt a measure providing for the holding of a convention and by referendum may veto any statute by which the legislanire attempts to interfere with a convention.