Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-03-13
From the Ellsworth Americana
rooryrrTyyTyOyA AMENDMENT.

THE CONS7IICIIOh-1L an ID AZ I'm ~ :" ~
Some of the opposition papers, for want
of other timber, are trying to manufac-
ture political capital ont of the fact that
the Legislature did not submit to the peo-
pie all the Constitutional amendments pre-
pared by the Commission. The question
is asked with confident flourish: why
not give the people chance to vote on
these questions 1t is assumed that the
people are hungering and thirsting for an
opportunity to vote on Constitutional
amendments-that all through these years
they have been unhappy and unhealthy
for the want of such Constitutional exer-
else. From this assumption, it is argued
that the Legislature has greatly wronged
the people by not giving them chance to
vote on all the propositions suggested.
While we have been of the opinion that
several provisions of the Constitution
should be changed and others added, we
dispute the assumption that the people
have been unhappy about it. The present
Constitution has served for over halfa GEN.
tury, and we have failed to notice any
burning impotence in the people to re-
model it. We have believed that the peo-
pie were much less anxious than we. for
changes.
If this assumption is correct. why do
people content themselves with complain
ing of the Legislature? The Constitution
al Commission rejected many more pro-
posed amendments than did the Legisla-
ture. II did not heed the argument that
it would be only fair to let the people pass
on the propositions. Several propositions
that seem of great Importance were voted
down in the Commission, and many that
we are confident the people would have
quite unanimously approved Of. On the
other hand one or two amendments were
pr opposed, which the Commission must
have believed would have been rejected
by the people. In all this the Commission
did right. 1t acted upon its own judg-
ment, the very thing it was appointed to
do.
The Legislature also judged for itself.
as was its duty Changes in the funda-
mental law should not be made by mere
majority of the people. Constitutions are
the bulwarks of minorities. In all Con-
stitutional governments, it is provided
that something more than a majority must
concur in change. In the United States
system. twoihirds of both Houses of Con-
gress, and three-fourths of the States must
agree. In several States thirds of the
Legislature and two-thirds of the people
are required. In other States the PROPOSE
ton must receive the approval OF two sue
cessive Legislatures before it can go to the
people. In Maine two thirds of the Leg
islature. and a majority of the people can
make changes in the Constitution. There
is less check in Maine upon changes than
in most other States. The Legislature is
made the chief check. Upon it is put the
chief responsibility. If the proposed
amendments should work badly after
adoption, the Legislature would properly
be blamed.
The Constitution itself declares that only
those amendments, which two.thirds of
both Houses deem necessary shall be SUBJ
mitted to the people. Every amendment
that comes to the people, should bear with
it. the deliberate judgment of two-thlrds
of both Houses of Legislature that it is
necessary to be made. Amendments are
not to be submitted with the same facility
with which articles are put in town
meeting warrant by Selectmen, nor with
the frequency with which motions are
made in parliamentary bodies. Amepd-
m ents may often seem desirable, that are
necessary, and the Legislature did right
in declining to submit such. The two
thirds of the two Houses were not merely
sluice through which such propositions
were TO pass on their way TO majority
vote OF the people. They could not shirk
their responsibility off on the people. To
have submitted any proposition. they
themselves did not deem necessary, would
have been to abdicate. Whatever may be
thought of their judgment in deciding par
ticular amendments not to be necessary,
there can be no doubt that the question of
necessity must be decided by their judg-
ment.
When it is remembered that some of the
amendments proposed to the Legislature
received only bare majority of the Com
mission. and encountered earnest opposi-
ton from the minority, it may not be
matter of wonder that some of them did
not receive two-thirds vote of the Legis-
latuIe. Again SO many propositions COM
ing at once upon the members of the Leg
islature from an outside committee,
may have tended to make them more
and even timid, about
adopting them. When there was doubt
they very properly gave the benefit of it
A. H. Cons,;tut;nr "a II io opd ano;net