The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-09-30
The State Constitution

II J. w. Gordon OF Barre is right,
and his argument seems valid, Yer
mont has an unconstitutional con
stitution. This was revealed In an
able address he delivered last week
before the Washington County Bar
association, In which he discussed Ar
ticle rs of the Amendments Of the
Constitution as adopted in 1870. This
is the article that provides that amend
ments to the constitution can be made
at every tenth session of the leglsla-
ture and that they be proposed at that
time by two-thirds vote of the senate.
He declares that II the legislature
can shut up the constitution for a
period of ten years without having a
change made or proposed It can shut
| il up forever II II should choose to
do so, that one legislature has no
power to bind a succeeding legisla-
ture, that one generation cannot bind
another, that when the people them
selves meet and frame or amend their
own constitution there is no consti-
tuition above their constitution TO
which they must conform except In
those instances where the Federal
constitution applies.
| To strengthen his declaration he
notes Daniel Chapman who said:
To admit that the sovereignty of
the people can be restricted by the
constitution is to admit that 1t may
be made unalterable, which Ii alb
surd.
Sydney Smith In commenting on
irrevocable laws said:
All living men must possess the
supreme power over their own happi.
ness at every particular period. To
suppose that there Is anything which
a whole nation cannot do. which they
deem to be beneficial to their happl-
mess, and that they cannot do It be-
cause another generation, long ago
dead and gone, said II must be done
lie mere nonsense. While you are cap
tain OF the vessel, do what you please
but the moment you quit the ship
become as omnipotent as you. You
may leave me as much advice, as you
please, but you cannot leaYe me com
Imands; though In fact, this is the only
meaning that can be applied to what
is called irrevocable laws. II appear
ed to the legislature for the time be-
ing to be OF immense Importance 10
make such and such q law. Great
good was gained or great evil avoided
by enacting H. Pause before you al
ter an institution which has been
deemed to be OF such importance. This
is prudence and common sense; the
rest is exaggeration OF fools. or the
artihce OF knaves, who eat up fools
Mr. Gordon advocates the old sys
TEN OF conventions with delegates
specially chosen and empowered "a
promulgate amendments to the con
stitutlon and declares that the peopl,
have not lost their right to hole
such conventions He declared tha
there is no time lock on the sover
eighty OF the people.
We are not competent 10 discuss
Mr.. Cordons statements. as a thor
ough knowledge OF law is required 4
give much information on such {
subject. They look reasonable, how
ever. and more desirable than the pre-
sent method. There would be littl'
danger OF more frequent changes thar
under the present system and certain
ly changes would not be proposed IN
less there was very general demanI
for H. We doubt II there is deman,
enough for the removal OF the uncor
stitutional time lock on the constltl
ton 10 secure It's removal at present
or course frequent changes OF our col
] stitutlon would be very undesirable
Our laws are changed so frequentl
: that Il ia difficult 10 have them int
=, preted by the courts before they an
/ superseded and we could hardly AMOR
to have the constitution mutilate
with the same frequency John
/ bury Csledonian.