Los Angeles herald., 1909-10-27
Amending the Constitution
Bv Frederic j. Haskin

all the states have asked for only the
one amendment. Could the convention
take up other matters than that? Con-
stitutional lawyers say that it could.
The states could elect their delegates
and instruct them what to do. This
would open up the whole question and
leave any part of the constitution SUBJ
ject to amendment.
If the character of the amended in
strument may be judged from the
amendments that have been proposed
in congress in recent years, it would be
a remarkable piece of patchwork in
deed. One amendment would prohibit
polygamy; another would make the
presidents term six years, without the
right to succeed himself; another would
guarantee to women the right to vote
everywhere; another would make a
uniform marriage and divorce law OBJ
ligatory upon the states; another would
have federal judges and district attor-
neys elected by popular vote; another
would establish uniform hours for la
Dor; another would take from congress
the power to pass a private law when
there Is a general law in force covering
the same subject matter; another
would repeal the fifteenth amendment
another would have postmasters elect
ed by popular voter another would
change the date of the Inauguration
and the beginning Of the sessions of
congress; another would give repre-
sentatives in congress a four-year
term instead of two years; another
would acknowledge the Deity" In
this foundation document OF the gov
ernment; another would require the
government to insure the lives of it's
citizens; another would limit the size
of mems fortunes; and another would
limit the right of removing officials
from the public service.
The probable effect Of constitutional
convention upon the political affairs of
the nation is a matter about which va
rious opinions are held. That the net
result would be an unamended consti-
tuition appears to be the judgment of
those who give 1t thought. 1t is true
that the convention might submit
number of appointments, but with elev-
en- or twelve states able to veto the
whole thing, it is probable that the
work of the convention would never be-
come part of the organic law.
At the same time It would make the
political issues of the next few years,
and would destroy the present lines of
political battle and create new ones.
The outcome would be difficult to fore
cast. 1t seems certain that both par
ties would favor the income tax amend
ment now pending, and also the cleo
tion of senators by popular vote.
Whether the convention, if called,
would take any radical steps is doubt
ed, but some think it would have power
to go so far as to abolish the presidency
and the supreme court. But of course
all such radical amendments would fail
of the necessary ratification.
is congress chooses to settle the mat
ter in keeping with the spirit of the
constitution it will have the precedent
of the first congress to guide it. When
the states adopted the constitution by
ratification they suggested many
amendments. Congress Immediately
embraced these suggestions into twelve
amendments which 1t approved and
submitted to the states. The first two
were rejected. The other ten were ac-
cepted, and they now constitute the
first ten amendments to the constitu-
ton. The eleventh and twelfth were
added later. In 1911 congress proposed
another amendment, to be the thir-
teenth. 1t was to take the right of
citizenship away from anyone who ac-
cepted a title or emolument from a
foreign government This was vetoed
by the reflections of New York, South
Carolina, Connecticut and Rhode
Island. Again in 1860 congress sub
mitted an amendment to prevent the
federal government from interfering in
the affairs Of the states. Only Illinois
ratified it.
If congress follows the precedent of
the first congress it will not call a
convention, but will submit the pro-
posed amendments to the states The
debates on the adoption of the con-
stitution show that the constitution
makers did not expect congress to
raise any serious question as to the
character of the application of the
efo foc
ison stated that he thought the lam
guage used was too ambiguous, but
his fears were quieted when 1t was
stated that when two-thirds of the
states took action looking to the
amendment of the constitution, what
ever that action might be, congress
would be expected to act. 1t does
not appear that two-thirds of the
states, even, asked for the amend
ments which were submitted by the
first congress, but sufficient number
did ask for them to impel that body
to submit them.
If congress refuses to submit the
amendments prayed for, or If 1t re-
fuses to call a convention, or If 1t lg-
nores the whole question, the states
are powerless to act They must de-
pend upon the faithfulness of congress
10 respect the constitution. The only
recourse is that which is always open
to the people-lf congress does not
please them they have the power
through the ballot box, to elect an
other congress which will be more
amenable to public sentiment. II con.
oress refuses to act in the matter OF
these amendments and If that refusal
10 annroyed, or rather not rebuked, at
the polls, then the whole matter ends.
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