The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-25

-mOneQ, Wnen IL once 1HSStS II SStiiilOl
be confined to one proposition.
The moment that convention assem-
bles, its power, like that of the famous
convention which formed the Consti-
tuition in 1887, is unlimited; and al
! though called for a single purpose. a
/ general revision of the Constitution
might be the certain result. because
everybody in the country who thinks
that he can improve our organic law
would want to have it changed to suit
his especial beliefs. There is always a
strong temptation to put into a consti-
tuition what belongs to statutes, and
general convention to revise the nation
al Constitution would offer a tempta-
ton of this kind which might not he
resisted.
1t must also be remembered that in
this national convention the voting
would be by states. as in the conven-
tion of 1887, and the organic law of the
country could be changed at the will
of body where the vote of small
state would equal that OF a large one,
would overcome the vote of the
largest. Great misfortune might result
to the well-being of the country and to
the business prosperity from having
the Constitution suddenly opened to a
general revision of this kind.
The usage of more than century,
the decisions of courts. the action of
Congress and the education of the peo-
pie have made the present Constitu-
ton familiar in every word and line
To undertake to change and modify it
from beginning to end would be an un-
paralleled disaster; and even to have a
convention to attempt such changes
and notifications would have it's perils.
IF THIRTY STATES REQUEST 1T.
Yet we see that when two-thirds of
the states make a demand upon Con-
gress to call a national convention for
this purpose, Congress is obliged to do
it That is, if thirty states request
Congress to call a national convention,
tated upon the country. and therefore
it is of the utmost Importance that the |
people in every state should see to it
that their particular state makes no |
such demand upon the Congress of the |
United States.
Moreover, there is a peculiar and per- |
ilous omission in this provision which !
we are now considering.
Thirty states, two-thirds of the pres |
ent number, can, as we have seen, |
oblige Congress to call a convention to |
consider the entire Constitution, and
that is, with one vote for each state.
can change the Constitution from be- |
ginning to end. Then they must sub |
NIT it to the states. and in order to i
make it law three-fourths of the states |
must ratify it. |
al this is very clear, but it is no !
where said within what time the de- |
mand of the states upon Congress for
calling the convention must be made. /
That is, can one state ask Congress i
this year and another next and another i
next, and so on until the necessary i
thirty have made the request, and then /
at the end of thirty years must Con- !
gress comply with that request when
the circumstances which led the first !
state to ask for the general convention
have completely changed?
1t seems impossible to suppose that
such wise men as the trainers of the I
Constitution ever contemplated any
thing of this Sort and yet on the face
of the instrument there appears to be
nothing to prevent it.
The only sure way, therefore of pre-
serving the Constitution, which has
been tried by experience and which we
ali understand and reverence, is for the
states not to make a demand upon the
national Congress for a general con-
vention authorized to undertake
general revision of the organic law of
the republic. Tt does not seem prob
able that it viii ever be made.
Let us now return to the first meth
Cd of amending the Constitution as
provided by the trainers Here there
is no omission. Congress has the pow
er by two-thirds vote to submit any
amendment proposed, or any number
of amendments, to the different states
for their ratification, and if three
fourths of the states agree to an
thus passed and submitted
by Congress, it becomes part of the
Constitution.
1t will be observed how carefully this
great power has been guarded. and
there have been only fifteen amend
ments to the Constitution made in this
way since 1877.
THE FIFTEEN AMENDMENTS
We ought, however, really to deduct
from that number the first ten of
the fifteen. because these were added
after the adoption of the
mere IN, he I