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Conventions, or of Conventions to nullify acts of

the legislature. $S 376-418.

1. Can legislatures impose conditions, restrictions or

limitations upon Conventions, or dictate their or-

ganization or modes of proceeding? $$ 376-409.

General consideration of the question. SS 377–383.

Discussion of, in the Federal Convention. SS 383–

386.

Discussion of, in the North Carolina Convention of

1835. § 387.

Opinion of the Supreme Court of Massachusetts

on, in 1833. $ 388.

Observations

upon this opinion. $ 389.

When an Act of a legislature calling a Conven-

tion has been voted on by the people, what is

the source of its validity ? SS 389-409.

Opinion of the Supreme Court of New York on

this question. SS 390-392.

Observations upon this opinion. SS 393-399.

Discussion of the question in the Massachusetts

Convention of 1853. $$ 400-403.

Observations upon this discussion. SS 404-406.

Opinion of the Supreme Court of Illinois bearing

on the question. SS 407-409.

fruit of their labors to the people ? SS 410-

414.

Discussion of this question in the Illinois Con-

ventions of 1847 and 1862. $ 414.

3. When a Convention has submitted a Constitution

at a particular time or in a particular manner,
can the legislature alter the time or mode of

submission ? S$ 415-418.
Case in Kansas considered. $ 415.
Observations on the Kansas case. SS 416, 417.
Opinion of the Supreme Court of Delaware, cited.

$ 418.

(6). Questions as to the power of Conventions to legislate,

or to discharge functions imposed by the Federal

Constitution upon legislatures. $$ 419-449.

1. Is a Convention possessed of the power of ordi-

nary legislation ? $$ 420-441.

The question considered -

First, in the light of principles. $$ 420-425.

Secondly, in the light of custom and precedent.

S$ 426-441.

Practical questions discussed :

(a). Has a Convention power to repeal Acts of

the legislature ? Chicago Ordinance of

the Illinois Convention of 1862. SS 430–

434.

(6). Have Conventions power to appropriate

money out of the public treasury ?

SS 435–441.

2. Can a Convention act as a legislature in matters

required by the Federal Constitution to be

transacted by the legislatures of the States ?

SS 442-447.

There may be two cases : —

(a). Can a Convention assume, as a legis-

lature, to prescribe the “times, places,

and manner of holding elections for

senators and representatives” in Con-

gress. Case in the Illinois Convention

of 1862. SS 442-446.

(6). Can a Convention, as a legislature, ratify

proposed amendments to the Federal

Constitution ? $ 447.

3. Can a Convention limit a discretion confided to a

State legislature by the Constitution of the

United States ? SS 448, 449.

IL The powers of Conventions considered with reference to their internal re-

CHAPTER VII.

OF THE SUBMISSION OF CONSTITUTIONS TO THE PEOPLE.

of the duty. $ 479.

The duty considered in three cases:-

I. Where neither the Convention Act nor the Constitution requires submis-

sion. $3 480, 481.

II. Where submission is expressly required. $$ 482, 483.

III. Where submission is expressly dispensed with. $$ 484-486.

Precedents as to submission. $ 487 and notes.

Observations on these precedents. $$ 488–490.

Cases of exceptional submission, and of non-submission considered. SS 491-495.

Case of the South Carolina Convention of 1778. § 491.

Case of the Pennsylvania Convention of 1789. $ 491.

Case of the New York Convention of 1801. § 492.

Cases of the Secession and Reconstruction Conventions. $ 493.

Peculiar mode of submission in Vermont. $ 494.

Cases of the Territories forming their first Constitutions. § 495.

Separate topics necessary to a complete exposition of the subject of this chapter,

stated. $ 496.

I. By whom the particular regulations necessary for submitting Constitu-

tions ought to be made. SS 497-499.

CHAPTER VIII.

OF THE AMENDMENT OF CONSTITUTIONS.

First check or safeguard, by increasing the majority necessary

to call a Convention. $ 533.

Second check, or safeguard, by submission of the question of

calling Conventions to the people. $534.

Precedents. $S 535-537.

Provisions of our Constitutions on the subject, of three kinds : -

1. Such as look to a periodical expression of the sense of the

people on the question of calling a Convention. $ 535.

2. Such as look to a vote of the people upon the question,

whenever such a step should seem to the legislature to

be advisable. $ 536.

3. Such as impose restrictions upon the call of Conventions,

in negative terms. $ 537.

(6). The mode by the agency of the legislature, without a Convention.

SS 538–543.

Requisites for safety, when this mode is employed. SS 538–540.

Particular provisions of the various Constitutions prescribing this

mode. SS 541–543.

Whichever of these two modes is employed, the prior intervention

of the legislature generally necessary. SS 544–546.

Exceptions considered. $$ 544-545.

Practical questions relating to the subject of this chapter. $$ 547–574.

I. What is the nature of the act of a legislature when it participates in

the amending of a Constitution in either of the modes indicated ?

SS 547–550.

1. So far as it prescribes a rule of action, its act is a law. $S 547,

548.

2. So far as it simply affirms the necessity or expediency of amend-

ments, it is a recommendation merely, and not a law. $$ 549,

550.

Opinion of Mr. Webster and others in the Massachusetts Conven-

tion of 1820. $ 549.

Opinion of Mr. Thompson, in the Virginia Convention of 1829.

$ 550.

II. To what extent may a legislature propose specific amendments to a Con-

stitution ? SS 551-555.

Cases of The State v. Cox, and of Eason v. The State, decided by the

Supreme Court of Arkansas, stated. $$ 551–553.

Observations upon these cases. $$ 554, 555.

III. Should specific amendments to a Constitution, made through the agency

of a legislature, be submitted to the Executive for approval ? SS 556–

562.

1. The question considered with reference to the Federal govern-

ment. $S 556-560.

Precedents. Opinion of the Supreme Court of the United States.

$ 557.

Discussion in the United States Senate, in 1803. $ 558.

Discussion in the United States Senate, in 1865. SS 559, 560.

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