Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-11-01
RECEsT STATE CONSTITUTIONS.
By JAMES QUAYLE DEALEY. Phi.
D.. Associate Professor of Social and
Political Science in Brown Univers-


IN studying state constitutions at
least three well defined periods are
worth noting. The first may be rough
~ considered as ending with the war
of 1872. 1t was the period of the revo-
luton and of experiment in govern
ment. The states were feeling their
way toward an ideal form and their
politics was more important in many
ways than national politics
The ending of the Napoieonic wars.
Indicated in the United States by the
close of the war of 1912. marks a new
era. Population and wealth multiplied
beyond all precedent. 1t was the era
of popular sovereignty and manifest
destiny. Every man was a sovereign
and this nation WAS the greatest or
earth. Under the influence of these
economic changes and democratic ideas
constitutions were rapidly revised to
conform to the new conditions BY
1860 the slavery question had come to
the front. Then came the war and
reconstruction. These years form the
third period, which may be considered
as extending from 1853 the date of the
Kansas constitution, to 1879. the year
of the last revision of the California
ton of Florida included as one born
out of due time" The constitutions of
this period are mainly southern. Sc
cession, reconstruction under congress
and reconstruction under local aus
pices gave to the southern states a long
record of conventions and of consti-
tutiors rejected or accepted. Besides
these few western states were admit
tod J,
fed by that of Colorado. 1875; and 4
few|of the older states. as Illinois, re-
vised their constitutions to fit new
conditions arising as the result of eco
nomic changes and the war
Another new period in constitution
making begins with 1889. The rapid
development of the west and Of our
cities, the rise CT trusts and of ques-
tons like negro suffrage in the south
have brought into existence new states
and revived 'opular demand for
changes in the fundamental laws of
the older states. Within the last ten
years seven states have revised their
constitutions. Within the next ten
years several other constitutions Will
doubtless be revised. In 1889 six terri
tories Of the far west-viz. Montana,
South Dakota, North Dakota. Wash
ingtOn, Idaho. Acknowledgements constf-
tutions under which they were soon ad-
mitted into the Union. In 1895 Utah
added her constitution to the collection
making seven constitutions from which
to study the political ideas of the west
At the other extreme New Hampshire
in 1889 cautiously amended her ancient
constitution. New York in 1894 felt
the need of altering her fundamental
law, then for the most part nearly fifty
years old, and in convention fashioned
4 moderately conservative constitution
which met the approval of the people.
After worrying along for nearly sew
enty years with an old fashioned con-
stitution Delaware in 1898 ventured TO
make some alterations in the instru-
ment. The same year the Rhode Is
land Legislature submitted to the vot-
ers a revised constitution to supersede
the present one, dated 1912. The vOt-
ers, however, preferrins ground law
Of 4 somewhat different character re-
jected the proposed constitution in No
vember. 1898 and again in June, 1899,
when it was resubnittsd with Z change
of one word.
Economic and social changes in the
south have been:very marked since the
'70's and there also several conventions
have been held since 1889. Mississippi
in 1880. Kentucky in 1891. South Caro-
lima in 1885 and Louisiana in 1898 COM
plete the list. But the changes in suf
frage laws made by three of these
have been noted by other southern
states. and further conventions and
constitutions may soon be expected
from that section. so veXed with the
negro problem. Thus since 1890 a total
Of fourteen constitutions have been
made and adopted.
No constitutions of the first period
are now in force which have not been
amended in convention. In some cases,
however. illustrated by Massachusetts,
the original constitution has been re-
tanned in form. though amended in
convention. Constitutions of the sec
ond period. either original or revised in
convention. number tweIVe-COnnecti-
cut, 1918; Massachusetts, 1921: Rhode
Island, 1912; New Jersey, 1874; Wiscon-
sin. 1913; Michigan. 1850; Indiana and
Ohio. 1851: Iowa, Minnesota and Ore
gon. 1857; Kansas, 1859. Those of the
third period, nineteen in number, are
revised constitutions with the excep-
ton of Nevada and Colorado, which
sui nave their original COnSlltu III ''iif7.
Maine. it should be noted, amended its
ancient constitution, dated 1912,
through a commission il 1875, not
through a convention. One may see
from the above that our states are not
prone to the formal revision of their
constitutions. e., through conven-
lions. Omitting the four eastern states,
which might be expected to be conser-
vative, eight of the most important
middle western states have constitu-
lions dating from 1S4S-1s59. Eighteen
other constitutions are from twenty 10
thirty-five years old. OF the fifteen
put in force since 1885 seven are first
constitutions, the other eight revisions
of constitutions that had been in use
for a period averaging over thirty
! years. The statement is somewhat