The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-10-03

question appears when we come to
discuss the initiative and referendum
as applied to constitutional amend
ments In considering this, we should
keep in mind how the constitution
of an American state Is made and
what 1t really Is. Starting with the
fundamental doctrine that under our
theory Of government, all power is
primarily vested in the people, we find
that behind the constitution is the
mutual consent of the governed. The
people having agreed among them
selves to constitute a government,
choose certain of their number to meet
in convention to draft the form OF
instrument which shall outline their
government. This body, called a con-
stitutional convention then reports
the result of its labors to the people
in the form of proposed constitution
for their adoption or rejection. Thus,
all constitution making Is with the
people, the power being exercised di-
rectly instead of being delegated.
Likewise all changes in or additions
to the constitution must be made by
the people themselves, the legislative
assembly only proposing them. Now
this fundamental law Is the plan of
government. BY 1t, they agree among
other things that certain rights shall
forever be inviolable and at the same
time they impose upon themselves
certain restrictions of power. The
result is that there is created gov
eminent of men. The state is hence
forth to be governed by the rules for
mulated in this written instrument
and to 1t the rights, not only Of indi-
viduals but of the people themselves,
must yield. Henceforth all the pro-
cesses of legislation must conform
thereto, the enforcement of such con-
formity being provided for by the Gre
alton Of the judiciary in which is
vested the final power Of interpreta-
changing this body Of fundamental
tent reserved themselves. Changes
ordinary legislation. Thus under our
amendment must run the gauntlet Of
cessive legislatures before being sub
whom 1t must be confirmed by a ma
l
eral constitution are still more diff
of the constitution makers is to firm
rights and to prevent the control in
shifting majorities and the influence
passion. Their view evidently is that
! u.s. FNv h3,1o nd
that in the long run Of experiments in
human government some things have
been found that are good and valid.
Back to the People.
ION the other hand, 1t is urged with
considerable force that as the social
and economic conditions of the people
change, its constitution should change,
that constitutions are made for the
people and not the people for the
constitutions; also that IL we are to-
have our government by the people,
we should not be afraid to trust the
people with the ultimate control Of
government; that either government
by public majority is success, or
1t Is not. II 1t Is good and safe we
cannot have too much of It in every
branch Of our lawmaking, and finally
that the only cure for the interests Of
democracy is more democracy.
Bearing in mind the method by
which our constitution may be amend
ed at present, let US contrast with 1t
the method proposed by this resolu-
ton. Not more than s per cent Of the
voters who voted for Judge Of the su-
preme court at the last election or
About 5000 would be required to pro-
pose an amendment to the constitu-
legislature. 1t must be submitted to