Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-02-25
CONSTITUTIONAL CONVENTION.

in," interrupted delegate.
CONSTITUTIONAL CONVENTION.
To the Editor ofthe Alexandria Gazette:
The question is being asked, whether
the constitutional convention can pro-
claim the constitution it frames the
fundamental law of the State without
submitting 1t to vote of the people.
The general rule Is, unless The repre-.
sentative body is specially clothed with
power, it cannot rightfulIy take defni-
i've action upon changes and revisions
Of the Constitution; IL must submit the
result of its deliberations to the people
who alone are competent to exercise
the powers of sovereignty in framing
the fundamental law for ratification or
rejection. The constitutional conven-
| ton is the representative OF sovereignty
only 10 a qualified sense, with restrict
i've authority to putin form the changes
upon which the psople are to pass; but
the changes 10 the fundamental law Of
the State must be enacted by the people
themselves.
The question therefore depends upon
the true construction of Article II Of
the present constitution.
Unless the power be conferred by
this article, the convention would not
have the power to proclaim the instru-
ment 1t frames the fundamental law OF
the State without submitting it to vote
of the people. Section / OF said article
provides that amendments TO the con-
stiiution may be proposed in the Ser
ate and House of DelegateF; and, If
agreed to, Then it shall be the duty OF
the general assembly 10 submit such
proposed amendments to the people
10 such manner, and az such times, IS
the general assembly shall prescribe;
and il the people shall approve and
rstify the amendments, by n majority
of the electors qualified to vote for
members Of the general assembly voting
thereon, such amendments shall be-
come part of the constitution
Section of the above article pro-
vides, THE question, Shall there be a |
convention to revise the constitution |
and amend the same p shall be decided |
by the electors qualified to vote for
members OF the general assembly; and |
In case majority Of the electors quail
fed to vote for members of the general
assembly shall decide in favor of con-
vention for such purpose, the general
assembly, at it's next session, shall pro-
vide by law for the election of dele
gates to such convention"
1t was under this section that the act
approved March 5, 1900, was passed,
aud at the election In May, 1900, under
said act, the people voted for conven-
ton; and at the recent extra session the
act for the election of such delegates
was passed.
Sections and 2 of the above article
ire 10 be construed together. II Is to
% noticed that amendments to the con-
proposed and passed by the
GENERAL Assembly are to be submitted |
o the people for ratification or re jsction
~ the express terms OF the constitu- :
ion; but the constitution is silent upon
he subject Of submitting the changes
nd revisions by constitutional con-
ention to the people for ratification or
election.
II is clear, therefore, that express
over to proclaim the constitution, !
FAMED by the convention, the funda- T
rental law OF the State, Ia not confer :,
I'd upon the convention by the pres r
ut constitution. =
That powers are conferred by impli- y
,tion is too we'll settled to DO doubted. =
] this power TO be implied from the
,ustitution itself? 81
The present constitution was, and 3,
slieve oil the other constitutions OF q
lie State were, submitted to the people.
The constitution of the Uniled States
as not ratified by the people. but by
Inventions OF nine OF the States. b
1t has been expressly decided by the g
lpreme Court OF Missouri that IL is b.
'mpetent for q convention to put q tt
w constitution In force without SUB al
iitiDg 1t 10 the people. tr
That is to say, unless the convention ri
expressly or By clear Implication, W
ohibited from doing so. it has the th
Iwer. OF
The present constitution does not oil
,ber expressly or by imp ication pre-
bit the convention from doing SO,
ither does 1t expressly or by impica- ae
IN require the convention to submit it 81
the people, but as it does require "
lendmeDts passed by the general as
mbly to be submitted to the people, DO
d as it does require changes ana re du
lions OF the convention made by ST
Institutional convention to be cub Gel
tied to the people, the question SOL
zed must be answered 10 the sffirms-
e.
The constitutional convention can ITO
oclsim the constitution it frames the pr.
ldamental law Of the State, without ;m'
'mittiug it to the vote Of the people. ha,
I'M. J. lChI