Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-08-07

State y. Danl IN. Do "a La X. A. u.
Nor is Congress. in proposing constitu-
tonal amendments. strictly speaking.
acting in the exercise Of ordinary
legislative power. It 10 acting in
behalf Of and a. the representa-.
tive Of the people Of the United
States under the power expressly
conferred by Article v. before quoted
The people through their constitution.
might have designated some other
body than the two houses or Ma.
tional Constitutional convention, a. the
source Of proposals. They might have
given such power to the President or
to the Cabinet or reserved it in them
selves. but they expressly delegated 1t
to Congress or to Constitutional con-
vention.
Az there are two methods Of pro.
posal. 90 there are two methods Of
ratification. Whether an amendnsnt
Is proposed by joint resolution or by a
National Constitutional convention L
must be ratified in one Of two ways:
First. by the Legislatures Of three.
fcurths Of the several states. or
Second. by Constitutional Conventions
held in three-fourths thereof, ana Con-
gress is given the power to prescribe
which mode Of ratification shall be fol-
lowed.
Hitherto. Congress has prescribed
only the former method, and all
amendments heretofore adopted have
teen ratified solely by the approving ac-
ton Of the Legislature in three. fourths
Of the states That is the mode of
ratification prescribed by Congress- in
case OF the amendment now unds-
consideration. and it was in pursuance
Of that prescribed mode that this rati.
flying resolve was. passed by the Legis-
lature of Maine.
Here again, the State LegisIatu re in
ratifying the amendment. as Congress
II proposing 1t. is not, strictly speak
ing. acting in the discharge Of leeisla-
tive duties and functions as a law.
making body. but is acting in behalf
Of and as representative of the peop,a
as a ratifying body under the power
expressly conferred upon it by Arti-
Gle V. The people through their Con-
stitution might have clothed the Sen.
ate alone. or the House alone. or the
Governors Council, or the Governor
with the power Of ratification. or
might have reserved that power to
themselves to be exercised by popular
vote. But they did not They retained
no power of ratification in themselves
but conferred it completely upon the
two Houses Of the Legislature. that g,
the Legislative Assembly.
1t is familiar but none the less
fundamental principle Of constitutional
law that the Constitution of the United
States is a compact made by the peo-
pie Of the United States to govern
themselves as to general objects in 4
certain manner and this organic law
was ordained and established not by
the states in their sovereign capacity
but by the people Of the United States.
The preamble, I'VE the people" so
states and such is the fact. Chisholm,
" State. 2 Dali. 4ls. It is equally well
settled that it was competent for the
PEOPLE to invest the Federal Govern
ment. through the Constitution. with
all the powers which they might deem
necessary or proper and to make those
powers, SO far as conferred. supreme:
to prohibit the States from exercising
any powers incompatible with the OBJ
jects Of the general compact. and 20
reserve in themselves those sovereign
authorities which they did not chocs,
to delegate either to Federal OF state
government. Martin v. Hunters Les.
see. l Wheat. 3o4. Whether a certain
power has been conferred either ex.
pIessly or by reasonable Implication
upon the National Government or has
been reserved to the States or to the
people themselves must depend upoc
the construction Of the language Of
the Constitution governing that mar
ticular subject matter.
1t admits Of no doubt that in the
matter of amendment. which is gov.
erned by Article V, the people Invested
themselves OF all authority and con.
ferred the power Of proposal upon Con.
gIess or upon a National Constitutional
convention. and the power of ratifica.
ton upon the State Legislatures or
Upon the State Constitutional conyen-
tons.
This view has the sanction not onl?
OF reason but Of authority. Mr.. Ir,.
dell. in the North Carolina conyentio,
which ratified the Federal Constitu.
ton. in discussing this ratifying clause.
said; by referring this business to
the Legislatures. expense would be
saved and in general it may be pre-.
sumed. they would speak the general
sense of the people. 1t may, however,
on some occasions be better to consult
an immediate delegation for that pur.
pose. This is therefore left discretion
ary." Elliot Deb. 17s. II. This dis
erection under the terms Of Article V is
to be exercised by Congress.
In Dodge ". Woolsey. IS How. ss1. s4s.
the Supreme Court Of the United
States. in emphasizing the supremacy
OF the Constitution said: 1T is su-
preme over the people OF the United
States. aggregately and in their sep
arate sovereignties. because they have
excluded themselves from anv direct
or immediate agency in making amend
ments to it. and have directed that
amendments should be made represen-
tatively for them by the Congress Of
the United States when two-thirds of
beth Houses shall propose them. or
when the Legislatures Of two.thirds %
the several states shall call a conven-
ton for proposing. amendments; which
in either case become valid to all in.
tents ana purposes. as a part of the
Constitution when ratified by the
Legislatures Of three-fourths of the
several states. or by convention in
three-fourths Of them. as one or the
other mode Of ratification may be pro-
posed by Congress. D. Now whether