The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-08-04
ARE THE AMENDMENTS CONsT1TU'
Ta0NALT
10 The Editor Of The Democrat:

10 the Editor Of the Democrat:
BY the proposed changes In the constitution
eighteen or twenty articles are, stricken out:
and twenty-one amendments added, many Of
them of d radical character. Hence 1t be-
comes of interest to Determine the line be-
tween constitutions making and constitution
amending. ! beg leave to offer briefly some
reasons for thinking that the Legislature has
send them to the voters for adoption.
These changes In the de fdtto constlt utlon
Of 1sGB-which I will treat Of as 81 de jure
one~are said by their ablest advocates to be
thorough and sweepnag ana L.. oe1slHn,ed to
and acceptable organic law IL was prob
ably hoped that Il convention would be post
poned for a long time-perhaps for many
years. ...
THE COMMONWEALTH MAKES AND AMENDS.
Either In making q constitution or in
amending it, the mind judgment and will of
the people, tts u body, or, In other words as
colnmo nwealth, must act. Louisiana has OK
pressed her will In the matter OF making,
three times besides the occasion Of 1861
using the convention as her organ each time,
viz 1879, 1S45 and 1859.
In amending the collective will Ia just Us
Indispensable. and-coming to the matter in
hand-lt Ia provided in article 147 of the CON
stitutlon Of 1868. that amy amendment or
posed" by either house. etc. and II two-thirds
of each, vote for It or them, 1t Or they shall be
published; and 'shall be[severallyl submitted
to the people at "the next general election"
THE LEGISLATURE HAS EXCEEDED THIS
AUTHORITY.
The Legislature acted on this article. Their
authority Ii delegative. and Ia to be strictly
construed against them, and IN favor of SOW
ereignty The idea Of amendment includes
the idea of q pre-existent thing, to be amended
wherever atfected-where the hole or weak
place is or where a subordinate or minor part
Il
changing the reg integrd orstructural, organic,
essential or vital parts. The amenders have
planned changes Of the most extensive and
radical character, affecting all parts Of the Or.
ganic law. Look at one instance: ODe-tbird
of the fabric-tbe judicial system-is to be
taken down and q new structure erected. They
themselves show the essentially aud radical
ness of their work as follows: I'm order to
provide for the establishment OF the 1Mdicim
system created by the above amendments, etc.
La this amendment? II you have house
with two costly wings and order your agent
to repair or amend, and he tears down and
builds anew one of them, does he not act ultra
utrea2 If this be amendment, then the Leg
islature can not only strike out eighteen or
twenty articles, many OF them structural and
essential, and add twenty-one new ones. but
go on and make substitute for every article
in the instrument. and by local management.
through party machinery and caucuses, de-
lude the voters into adoption. Already the
their politicians
LOUISIANA. AND NOT THE VOTERS, yrrAL1zI5s
THE AMENDMENTS.
But the amenders seem to think assent or
dissent Of the people ut the polls will cure any
defect of original authority. But the voters
cannot sanction anything unless the cOlleC-
tive people send it to them. The entire power
of amendment comes from article 147, and
nothing beyond amendment must be attempt
ed. And the voting of the people Is simply to
determine the 1cW of the State. II 10000 vote
yea, and 1890 vote nay, Louisiana decides In
favor of the amendment. Votes have this ef-
fect-n0 more.
Amendments, then, are ordained by the
commonwealth ITSELF through the ordinance
and form of article lat. They receive no life
or power except in this way and from this
source. So that the Legislature, in it's at
tempt to do indirectly what it cannot do di-
rectly-a G., make constitution made Il
mistake ana a failure.
Respectfully, B. J. s.