Evening star., 1924-03-21
IN TODAY'S SPOTLIGHT
BY PAUL y. COLLINS

more democratic. Accepting the New :
York view that "we,. the people" who
adopted the Constitution constitute
the only proper authority for amend
ing it, the Walsh plan provides that
all AMENDMENTS proposed by Con-
gress Cor by two-thirds of. the states
acting without the initiative of Con-
gress) shall be submitted directly
to the popular, vote without any con-
sideration by the legislatures.
" ~gK * 4
This proposal is combated by
Senator Wadsworth, on the ground
that the masses will not debate fed
|eral constitutional amendment SO as
to comprehend its purport, while the
Legislators" in the state assent blies
would understand the merits and OBJ
jections and could better interpret
them to their constituents. He wants
amendments, therefore, to go before
the legislatures, providing the people
will have an opportunity, to vote for
Legislators favorable to their own
views on the amendment He assumes
that such an amendment would be the
dominant issue in atstate campaign.
Yet Senator Wadsworth cites ex-
dHnpleS OIL gross lnSupOfQ1DafiOn or
state legislatures to the voice OF
their constituents, and his illustra-
tions of historic failure in this re-
gard OF the people to register their
own wills through their legislatures
are used in debate supporting the
Walsh idea Of pure democracy.
X +
Senator wadsworth points to the
case fns sOhio, in the matter Of the
eighteenth. amendment. The new state
constitution aaof Ohio provides that
amendments to- the federal Constitu-
tion must sbe submitted to popular
vote and cannot be- ratified merely
by the state legislature Yet when
the eighteenth amendment was sub
fnitted to Ohio. by Congress, the leg
islxturo ratified II, while the popular
vote opposed it.by majority of ESQ.,
oeo; The United States Supreme Court
held that legislative ratification was
all that was required, since that was
what the federal Constitution called
for.
against the eighteenth amendment
by majority of $4,000, but the legis-
lature ratified 1t.
Maryland and California, by popular
vote, opposed the eighteenth amend
1t. Iowa voted against state prohi-
bition at the polls, but the legfsla.
ture adopted It.
In Texas, when the nineteenth
amendmeat twoman suftrage). was
voted downSoy popular vote. the leg
islature, within, q month thereafter.
ratified II
The state, constitution OF rennes.
see. like that Of Ohio. forbids . vote
on a constitutional amendment by
a hold-over house, yet when the nine-
teenth amendment was Submitted the
Governor of Tennessee called a spe-
cial session of the hold-over. legis-
lature, whose majority favored wom-
an suffrage. Enough members left
the state to break the quorum and
defeat the vote. but when they re-
turned a week later, the vote ratified
the amendment. by hold-over mem
sbers. How, then, is this "govern-
ment by the people?'
x**.
All these incidents indicate that leg.
islatures are actuated by complex mo-
tives, and are not always subssrvient
to the people, and moreover. the
people do not always know the
meaning and intent of an amendment
Even as Lincoln declared. the people
can be fooled.
Aside from the ten amendm ents
|; adopted in 1873. Immediately aftei
the Constitution. there have been
but nine accepted Nm Is years. It In
not the intent or e<kher Senator wads-
worth or Senator Walsh to make
more difficult the needed changes in
our fundamental law, but to insure
that what changes are found necsss
.sary shall. really have the intelli-
gent approval of the power which
sadopted the original Constitution
tosDyrisht, 1874. ~ Psal v. Cou,as9