The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-27
A National Constitutional Convention
and Its Possible consequences
What Limitations Can Be Imposed Powers of Convention
to Amend the Constitution of the United States?


* fuller. entitled "A Convention 10
amend the Constitution" published in
the March number OF the North Ameri
can Review. has attracted the atten-
lion which its Importance deserves.
The aurlor states. as a fact not gen
orally known. that twenty eight states
OF the Union have already applied to
Congress TO call a convention. as is
provided by section l, article 5. of the
Constitution OF the United States. If
This is true it Is the most moment
Gus question now before the public
and its Importance makes it worthy oil
the mos; careful consideration
Mr. fuller. after enumerating by
their names the twenty-eisht States,
proceeds TO cite the language or the
resolutions passed 10y four, viz /.
Louisiana. Wisconsin. Kansas and
Pennsylvania
He does not inform us why ne select
&c four only, or the particular four
named. nor why he die no, publish the
language of all the resolutions as
passed by the twenty eight States.
Moreover. he AYERS. Whenever three
more States shall apply TO Congress
10 call convention. the provision of
the Constitution will be fully complied
with, and that Congress: will then have
no option nor discretion about the
matter. but must proceed to call Il
convention to propose amendments
In making this statement he allows
no qualification nor limitation as to the
object for which the states may desire
amendments, nor as 20 the time within
which the application may be made
He states unqualine6lv whenever three
more States shall apply. those three
VIII complete the required number
and ConGress must proceed 10 call a
convention for the purpose of propos-
ing amendments and il ii fail 10 do
so. court Will. upon the request of
any citizen, issue nandamus 10 COM
pei the exercise Of duty, which he
SAYS is merely ministerial"
Leaving out OF the question the pow
er or the right of a court 10 issue a
rnanoamus in such case, may he not
be mistaken in his opinion that the
congress has no discretion in such a
Very grave and momentous matter?
The calling OF a convention TO amend
the Constitution is the gravest and
the most important duty which Con
eress can be called on to perform 1t
Is thing not lightly TO he demanded
by the States. nor is fl to be conced.
Sd by the legislative department.. with
out the most serious and careful con-
sideration The meeting of a conven-
ton TO propose amendments to our
Constitution may be an event fraught
with consequences. which we can no
more foresee than Louis XVI and his
ADVISERS foresaw the terrible results
which flowed from the gathering OF the
States General of France in the eieh
teenth century.
Mr. fuller says, When the Consti.
tuition was adopted. we were a con-
federation OF separate States To-day
we are nation. We have reached a
grander conception Of our nationality
To-day the State and national govern
ments are mere agencies 10 conduct
the business Of the real sovereign, the
people Of the United States
II certainly will be conceded by every
one that the United States from what.
ever standpoint you may view it, whe-
Iher OF power, wealth, population, in
huence in world politics, or the races
OF which IT is the combined product
Is certainly very different proposi-
ZION from the comparative handful of
people who made up the colonies of
Great Britain, asserted their independ-
ence, adopted articles OF confedera
lion. and in 1877 sent delegates 70 a
convention, held in Philadelphia. for
me purpose OF amending those articles
OF confederation That convention.
whose mandate was TO amend only
n, r.
tc!es declared on their face that they
could be changed only by consent
OF all the thirteen States. ny which
they We're adopted; that convention
which has keen glorihed in American
history as tae- htst and wises, and
greatest assemblaee of statesmen thai,
ever framed a government; being of
opinion that under the changed cir
oHEastances OF the country and needs
OF the people, those old articles Of
confederation were worthless. frankly.
eVowing that they We're exceeding their
authority. cast off the limitations under
which they were elected and proceed.
I'd TO frame an entirely new and radi.
eally different form Of Constitution
and declared that i, should be opera
i've when accepted by nine states
II was revolution. peaceful re-
Volutton. because their decision was
wise and was afterwards approved by
the people ana the States See Cooley
in Cons, Lin. Ed p
But IT was a fateful precedent. and
is SO important an event in our con.
Hitutional history that win
quote the language Of thu articles Of
confederation Article XIIf ryor,.
State shall abide by the dcterrina-
lions of the United states. in Congress
assembled on all questions which by
this confederation are submitted to
them. And the articles Of this CON
federation shall be inviolablv observed
by every State and the Union shall h..
perpetual; nor shall any alteration a.,
any time hereafter be MADE in any Of
them; unless such alteration be agreed
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