The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-27
BY JAMES III. DOOLE,Y.

oil article Nil. y: tho confederation
| has sought III article V. II their Con
stitution. TO bind thci: descendants
and prohibit them from nlakmS amend
| ments or u new Constitution eNcep
under limitations v hicn tn"y chose I,
| impose
Article V. of our Constitution is a.
! follows; The Congress- whenever
both houses snail deem il necessary
shall propos. amendments 10 tins Con-
! stitution. or On he applicable of two.
| thirds OF the sev1:ll States. shall cal
convention for proposing amend
ments, which, in either case. shall he
valid 10 all intents and purposes. as
| part OF this Constitution. when rati-
ned BY the Legislatures OF three.
| fourths of the several States. or By
/ conventions in three-fourths there
! oil. as the one or the other
mode of ratifcat ion may be proposed
| by the Congress Provided that no
| amendment, which may be made prior
to the year 1905 shall in any manner
anect the first and fourth clauses in
the ninth section of article l. and that
no state, without its consent. shall be
; deprived of its equal suffrage in the
! Senate"
| 1t does seem a little curious tina
| such 4 body of wise statesmen as com
posed the convention, which framed
me constitution of the United States
should suppose that they could bind a
future convention. and limit its powers.
In respect 10 that very question OF
me mode of ratification. a to which
they were demonstrating. that they
( could not be bound by the Constitu
tion under which they were elected.
- then a convention should be call
eo by Congress to propose amendments
10 our Constitution, and il should fol
~ ,-l.
| convention Of 1857. IT may decline to
SUBMIT the new Constitution to the
Legislatures of the several States but
may adopt some other mode for in
stance. it may submit IT to a vote of
the people, at large. of all the States.
II might cause, what the French call
pleplscite. or vote of all the people
70 oe taken and declare that if ma
lorlty of all the people approve IL
snail be declared operatives or it
might submit II to conventions OF the
people. to be held in each state, and
declare It effective when approved bv
the people of a majority of the States.
Would 1t not be wise then for those
states which are SO light-heartedly
ASKING for a convention. to consider
seriously. what might be its poten-
tialities and how their interests might
possibly be affected?
Amongst the twenty-eight, which Mr.
ruler says, have adopted such resolu-
lions. I find such little States as Della
ware, Idaho. Montana and Heaven save
the mark. the diminutive Nevada Ne
Vada, with $4,000 people. not enough
to elect a representative in CONGRESS
now represented in the Senate by as
many Senators as the 5000. 900 people
of the great state of New York, wants
10 chanSe the mode of electinE Sena-
tors SO that they shall be elected by
the people, and represent the people
instead of the States. Have the people
OF Nevada never had an Idea that a.
convention might say. if the Senators
are TO represent the people, let the
number from each State be based upon
its population; instead of having two
from each State. let there be one Sen
ator for each million of populatn
Such a change would be enormously
popular in the great States. which are
chatting under the existing inequality.
When we think of the revolution.
which might be wrought by the action
of such convention. is II not a bold
thing to say that Congress has no dis
erection about calling II. upon such re-
quests of the States as those cited by
Mr. fuller?
In dealing with this novel question,
the first thing TO be noted is that Con-
gress has never given an interpreta-
ton to this article V. of our Consu-
tuition. 1t has never legislated upon
this subject. nor provided under what
circumstances a convention could be
called upon what basis the people
should be represented, or how it should
be constituted.
Mr.. fuller says. when three more
States apply. Congress will have no
discretion. but must order the conven-
ton.
The very first thing that Congress
will have TO do. II three more States
apply. will be to exercise its discretion
or Judgment in determining whether
the requisite number OF States havA APP
piled. in manner and form. as required
by article ". above quoted.
Mr.. fuller cites the resolutions of
Louisiana, Kansas. Wisconsin and
Pennsylvania-four out OF twenty
eight Two out of the four in my
opinion. have not passed resolutions in
accordance with the requirement of the
Constitution. The language of article
V is as follows: The Congress on
the application of two thirds OF the
several States shall call conven-