In most cases legislative action is necessary after the people have voted in favor of a con vention, since delegates must be elected and provision be made for the assembling of the convention, though in only eight States are such matters left entirely in the hands of the legislature; some of the constitutions expressly limit the number of delegates and regulate their appointment, method of election, etc. In Michigan, New York and Missouri, however, the convention assembles as a matter of course without legislative action, the constitutions themselves containing provisions respecting ap pointment and election of delegates and the assembling of the conventions. When Congress passes an act enabling a Territory to apply for admission as a State, such act contains a pro vision for the number and election of delegates to a convention for the purpose of framing the new State constitution. But if the Territorial legislature itself take the initiative in calling such a convention, with the ultimate object of applying for admission into the Union, provision for delegates, etc., is usually made by the Terri torial legislative act. Respecting a national convention, Article V of the Constitution of the United States provides that *the Congms . . . on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments,* thus imposing on that body no restrictions as to the conditions tinder which the convention shall be held.
Procedure of Constitutional Conventions. - Conventions act under very few constitu tional restrictions as regards their procedure, and in general have adopted their own rules, differing but slightly from those of other de liberative bodies. Though possible, few oon ventions attempt to perform their functions as a body, but usually divide the work among committees. The method of transacting busi ness mainly in committee of the whole, v.-ith a few small committees to handle minor details, is apt to prove unsatisfactory unless the plan of the constitution be quite complete before the meeting of the convention. The Federal convention of 1787 used the committee of the whole to a large extent, as did also the Penn sylvania convention of 1789. Some of the earlier constitutions were framed by a small conunittee which had been given full power to prepare and report a draft of a constitution to the whole convention. This method was adopted by the Revolutionary conventions of Maryland. New Jersey, Pennsylvania and Virginia in 1776. by those of New York and Vermont in 1777, by the Massachusetts igeneral court in 177a. the Massachusetts convention of 1779-80, the Ten nessee convention of 1796 and the California convention of 1849. But the usual in modern times is for the convention to appoint a number of committees among whom the sev eral sections of the constitution are distributed for consideration and revision, after which such sections are reported to the convention in regular session or in conunittee of the whole. The more important committees common to three of the most recent constitutional conven tions were arrangement and phraseology, banks, corporations, counties and towns, educa tion, suffrage, judiciary, bill of rights, legis lature, methods of amendment, municipal gov ernment, rules, taxation, submission and ad dress, and miscellaneous. As a rule the mem bers of these committees are appointed by the president of the convention. The Michigan convention of 1908 employed the following pro cedure: After the convention had been or ganized, 28 standing committees were author ized, the members of which were appointed by the president. The various propositions sub mitted by members were read and referred to the proper committee, on being reported by that committee were considered in committee of the whole and when reported by the latter were referred to a committee on arrangement and phraseology. When this last committee had reported upon die proposals, they were put upon their second reading and after this reading were voted upon; if adopted the proposals were again referred. to the committee on ar
rangement and phraseology, which, after har monizing all the proposals adopted by the con vention, reported the complete revision as agreed upon. The committee of the whole then considered this revision section by section and reported to the convention, which then passed the revision to its third reading and voted upon it by articles and as a whole. Thus four different opportunities were presented for the discussion and amendment of proposals, and the committee on arrangement and phrase ology had the opportunity to revise the lan guage of each proposal after the committee of the whole had agreed upon it and before it was finally adopted; and as revised the pro posals were again sent to this committee to be consolidated into complete and final form.
Submission of Constitutions to Popular Vote.-- Since 1840, with a few exceptions, the States have followed the practice of submitting constitutions to popular vote, but the practice can hardly be said to have become fixed, since only about one-half of the State constitutions containing provisions for conventions require that the constitutions framed by these conven tions be submitted to the people (California, ColDrado, Idaho, Illinois, Maryland, Michigan, Missouri, Montana, Nebraska, New Hampshire, New York, Ohio, Oklahoma, Utah, Washington, West Virginia, Wyoming). Prior to 1784 the only constitutions formally submitted to the people were those of Massachusetts and New Rampshire, though in Pennsylvania in 1790 and in sorne of the .other States a plan was pursued which accomplished about the same purpose; the Vermont constitution of 1786 (and also its later amendments to 1870) and the Georgia constitution of 1789 were ratified by special bodies chosen by the people for that express purpose. Constitutions were submitted for popular approval by Ne.w Hampshire in 1792, Connecticut.in 1818, Maine in 1819, New York in 1821 (being the first State outside of New England to submit a constitution to the direct vote of the people), Rhode Island in 1824 (this constitution being rejected), Virginia in 1829 (her second constitution). Georgia in 1833 and 1839, Tennessee in 1834, Michigan and North Carolina in 1835, Pennsylvania in 1837 38 and Florida in 1839, but the conventions of Delaware in 1831, Mississippi in 1832 and Arkansas in 1836 did not submit their work to popular vote. Between 1840 and 1860 and from 1870 to 1890, almost without exception, the con stitutions framed by conventions were submitted to the people for approval, but since 1890 the practice has been vaned. Prior to 1890 there were 38 States, and since that time 10 others have been added to the Union (North Dalcota, South Dakota, Montana and Washington in 1889; Idaho and Wyoming in 1890; Utah in 1896; Olclahoma in 1907; and New Mexico and Arizona in 1912). Of the 38 States 12 have held conventions to revise their fundamental laws (Mississippi, 1890; Kentucky, 1890; New York, 1894, 1915; South Carolina, 1895; Dela ware, 1897i Louisiana, 1898, 1913; Alabama, 1901; Virginia, 1901-02; Michigan, 1907-08; Ohio, 1912; New Hampshire, 1889, 1902, 1912; Massachusetts, 1917-18), and in 1913 Vermont succeeded in modifying its constitution with the aid of a commission, • while the amendments adopted in Oregon and California since 1902 are so numerous and fundamental as to amount virtually to revision. Four States unsuccess fully attempted to revise their constitutions (Rhode Island, 1898, 1899; Connecticut, 1902, 1907; Indiana, 1912; New York, 1915), and referenda submitted to ascertain the popular desire regarding the calling of conventions were negatived in Maryland (1907), Iowa (1900, 1910) and California., Indiana and South Da kota (1914), but Illmois, Indiana, Massachu setts, Nebraslca and New Hampshire held con ventions in 1917 and 1918.