Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-08-24
Presidents and Amendments.

Gov Smiths suggestion. In his
kosecr q acceptance, that the
eighteenth amendment be changed to
permit tbs adoption Of prohibition or
Iicuor control laws by the States. by
popular referendum. does not neces-
sa-!lv imply that the Democratic cam
6ioate proposes, IL elected. himself 10
advocate and advance such a move
= Is 70 be assumed that he realizes
that IN matters pertaining to the
amendment Of the Constitution the
President has no voice, save perhaps
II commentator. He is not a factor
tr the process Of changing the funda-
mental Law.
There are two prescribed methods
c! altering the Constitution. One is
b general convention Of all the
States. called BY Congress at the spe-
cihc request of tvo-thirds Of the
States. The other is by the submits
sion Of amendments 10 the States by
Congress, after adoption by a two
thirds vote In each house. In either
case such amendments, whether pro-
posed directly by Congress or by
convention of the States. must be rati-
fed by the legislatures Of three-fourths
OF the States. or by conventions held
In them. according as the method of
ratification is prescribed by Congress.
AL of the amendments to the Con-
stitution have been adopted at the
initiative Of Congress. Since the orig
NAL Notwithstanding convention
no general gathering Of representatives
OF the States has been held for the
purpose Of changing the fundamental
has been taken in every instance by
Congress, not by the President. In
some cases such proposals have been
conveyed by the Executive In the leg
islative branch. but the responsibility
for inaugurating amendments has al
ways rested upon the latter, and it
doubtless will continue thus to rest.
At every session of Congress numer-
Gus propositions for constitutional
amendments are advanced in both
houses. Some of these are long-timers.
having repeatedly appeared. Congress
after Congress. Conferences have been
frequently held between legislators and
Presidents as 10 wisdom of supporting
such propositions and submitting them
70 the States But never has the re-
sponsibility for the adoption Of the
proposing resolutions been divided be-
tween the legislative branch and the
executive.
An amendment is proposed In the
form of a joint resolution, which re-
CURES a two-thirds vote In each house
for adoption. Il is not submitted. as
are other joint resolutions, TO the
President for approval The reason for
this is obvious. A resolution that Is
passed by a two-thirds vote could BY
the same vote be passed over a presi-
Dental veto. The matter is entirely
out Of the HANDS Of the Executive, save
Is he BY his ofhcial influence, exerted
by message or by conference, may
hasten or retsrd or finally block adop-
ton.
So it is that any proposition TO
amend the eighteenth amendment, In
accord with Gov Smiths suggestion,
must originate In and be considered By
Congress alone and could be submitted
30 the States only By virtue Of two
thirds vote in each house. And II
thus adopted and submitted 1t must.
In order 70 become effective. secure the
rs,ircaticnz Of three-fourths Of the
States 81 the same manner as the
amendment itself. The difhculty Of
such a procedure Is evident. Thus ths
Inclusion Of such q measure in Gov
smiths program Of prohibition reform
Is 70 be regarded merely as gesture,
e virtually academic proposition.
Whistler this limitation upon It's sig
nlfcznce lessons It's effectiveness as an
appeal for. the support Of voters who
are dissatisfied with the present con-
ctttons Is a matter for individual spec
ulstion