The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-29

powcr 70 change. Africa had. until re-
Gently, I'd the Orsnge Free State o tiny
republic living under a rigid Constitution
A to tho new Federal Constitution OF
Australia, there Is no doubt that this is
rigid, for any alteration in IL requires a
majority of the States, and also a majority
OF the direct popular vote.
The methods by which rigid Constitu-
tons may be amended differ widely. or
these Mr.. Bryce describes four. The first
method Is 10 give the amending function
to the Legislature, but under conditions
which oblige it TO act In a special way dif-
fereht from that by which ordinary statutes
are passed. There may, for instance, be
required a fixed quorum Of members Tor
the consideration Of amendments. Or,
again, a specified minimum majority OF
votes may be required to carry an amend
ment Sometimes this majority is three
fourths, more frequently 1t IL two-thirds.
Another plan Is to require a dissolution
OF the Legislature, so that the amendment
carried In one section may come under the
Judgment Of the voters at a general cleo
ton, and he thereafter passed or rejected
by the newly chosen Legislature. Or,
finally, the two houses OF the Legislature
NAV sit together as in a Constituent As
sembly. This Is the plan adopted in France
and In Haiti. -,
A second method IL TO create a special
BODY for the method OF revision. In the
United States, where a great deal oil Con-
stitution making and revising goes on In
the several States. such a body IL called
a convention, and ia usually elected when
il is desired TO redraft the whole Constitution
the ultimate approval OF the draft beng
however, almost always reserved Tor tho
people. In Servia and Bulgaria, after
amendments nave been twice passed by
the ordinary Legislatures, a sort oil speciai
assembly. similarly elected, but twice as
large, called the Great Skuptschina I'm
Seryia) or the Great Sobranje Tin Bull
garia) receives and finally decides, on the
proposed amendment. The republics of
Paraguay. Guatemala. Honduras, MICA
ragua and Salvador also prescribe con-
ventions, preceded in each case by votes
Of the Legislature, such votes usually re-
curing a two-thirds majority. third plan
is to refer the new Constitution, or the
amendments proposed. to a number OF
minor or local authorities for approval.
This course. which Is obviously suitable
In a federation, has been adopted by tho
United States. by Mexico, by Colombia,
by switzerland and by the new Australian
Commonwealth, In all Of which the COM
ponent States are consulted. the United
States requiring a three-fourths majority
of States, while Switzerland. Australia
and Mexico require only a bare majority
The fourth plan is to refer ~mendnen
to the direct vote of the people. ms
method prevails in Switzerland and in
Australia, both of which require for altera-
ions In the fundamental instrument a
majority Of the electors voting. as well
"a a majority Of the State. IL prevails
also In the several States OF the United
States. with very rare exceptions. 1t was
repeatedly employed in France during the
first revolution, and again under the name
of plebiscite by Louis Napoleon under the
second empire. or all Constitutions. that
which is most rigid or. in other words,
most difficult to change. Is that OF the
United States. Mr.. Bryce reminds us that
il has, in fact, never been amended since
1900, except thrice between 1855 and 1870.
Immediately after and in consequence OF
the Civil War, and then under conditions
entirely abnormal, because some States
were under military durcss.
Mr.. Bryce predicts. In conclusion. the
prevalence Of the rigid type of Constitution.
No country now possessing a rigid Consti-
tuition seems likely 20 change II for a fex-
ible one. The footsteps are all the other
way. Flexible Constitutions have been
turned into rigid ones. No rigid one has
become flexible Though. perhaps, We should
except the case of the Italian Statuto).
Even those who complain Of the undue
conservatism of the United States Consti-
tuition do not propose TO abolish that Con-
stitution altogether. nor to place 1t at the
mercy Of Congress, but merely to eSpunge
certain parts Of IL. NJ. W. X.