Daily Republican., 1885-04-07
How 20 Amend the Constitution.

How 10 Amend the Constellation.
There ARE two modes by which the
constiiu ion of the State Of Delaware
can be amended. The shortest mode is
that b, which the amendment now
pending was intended To be- adopted,
but which now looks as II 1t might fail
for waus Of three fourths of the Legis-
lature ia favor of it. The clause under
which the Consti luton Can be amended
reads as follows
"Tne General Assembly, whenever
two. H. irds of each House shall deem 1t
necessary, may, with the appreciation
of tbs Governor, propose amendments
to this Constitution, and at least three
and not more than six months before
the next general election of representa-
tives, duly publish them in print for
the consideration of the people and II
three-fourths of each branch OF the Leg
islature shall, af'er such an election,
and before another, ratify the said
amendments, they shall be valid to all
int aud purposes as parts OF this
Cons Luton"
or tn 1t this proposed mode is exceeding |
ly arbitrary. The people who should
have all to say about it are not permit
to have nything to say about it, ANY
Legislature, If the Governor gives his
assent, may proceed to alter or amend
the Constitution. II two.thirds of the
members favor it, some year or eighteen
months elapse before it is heard of
again, and then only by seeing it ad-
vertised in the papers Election time
comes and the people become so divided
off into parties, and 30 intent upon
electing either a Republican or Demo-
crat to office that the amendment is en-
tirely forgotten. Fortunately, it re-
quires three-fourths of Legislature so
elected to ratify the amendment. If it
was not for this saving clause, the peo-
pie of New Castle would have had an
amendment highly Objectionable at
tached to the Constitution, that stamps
them as the interiors of the people of the
two lower counties.
The people would have had nothing
to do in any shape or manner, eithe
for or against the amendment. Tw'
Legislatures and the Governor have al
to do, the people nothing.
The second plan by which the Con
stitution can be amended is much tn
best plan. We will give that plar
making our remarks on it as we &
along. First then, the Constitutio
says No convention shall be calle
but by the authority of the people.
Now the people are beginning to hay
some say, as they should have TT
people are the source from which a
governments spring. Farther "Ar
an unexceptionable mode OF makiI
their sense known, will be for them
a special election on tue third Tuesd,
of May, in any year, to vote by ball
for or against a convention, as tn
shall severally chose to do !; and
thereupon it shall appear that maj
ity of all the citizens in the State, hs
ing right to vote for Representativ
have voted for Convention, the Gei
raj Assembly shall accordingly,
their next session, call convention,
consist of at least as many members
there are in both Houses Of tie Leg
lature, to be chosen in the same III.
ner, at the same places, and at the sa
time that Representatives are by
citizens entitled to vote for Represen
tives, on due notice given for
month, and to meet within tn
months after they shall be elected. "
There are many who contend fr
the wording of the above quoted ella
that the people can if they see prof.
come together on any third Tuesda.
May, in any year, of their own V
ton and vote either for or agains
convention. We incline to the opin
that it requires the Legislature 10 OF
special election and to prepare
machinery for holding an election
as Senator Martins bill provides
1t will be seen that this election is c
vote of instruction ID the Legislat
ordering it to call Safe con vent
These orders, however, are perempt
as they say the Legislature " shall
acco; jingly, at their next session, CT
convention. 1T will be noticed
tina / does not rerely require a
jority of those vino vote to instruct
Legislature to call convention, b'
requires majority Of all the voter
the State, whether they vote
not, to call a convention. IL will
seen that the Legislature at it's
session call a convention, provided
are properly instru ;ted. For ..insta
If our present Legislature were to O
vote taken On the third Tuesday
next May, and the people vote in {
of convention at that election,
next session of the Legislature m
mean the session OF 1887, unle
special session was called sooner.
Here is the last clause in article
relating to amending the constitut
The majority of all the citizen
the State, having right to vote for
resentatives, shall be ascertainet
reference to the highest mum Der of
cast in the State at any one Of the
general elections, next preceding v
for a convention, except when they
be less than the whole number Of
voted both for and againsta conven
in which case the said majority
be ascertailed by reference to the
Der of votes given on the day of v
for or against convention, and v
ever the general assembly shall de
convention necessa ry, they shall
vide by law for the holding of a 81
election for the purpose of ascerta
the sense of a majority of the eli
of the State entitled to vote for
sentatives.
This clause of the Constitution /
biguous in its meaning. After h
set up the whole plan for hold
convention, this clause comes
and topples every hing over by ga
aud wpanevar the peneral aa II