eorgia, Illinois, Maine, Michigan, West
Virginia, Louisiana, Texas and Mississippi--all a two-thirds vote,
and Alabama, Florida, North Carolina, Ohio, Maryland and Kentucky a
three-fifths vote.]
[Footnote B: In Connecticut, Massachusetts, Tennessee, Vermont by a
two-thirds majority of one Legislature or of one house or both; in
Iowa, Indiana, North Dakota, Pennsylvania, Virginia, Wisconsin, New
Jersey, New York and Rhode Island by majorities. All but the last
three have biennial Legislatures.] referendum not by a majority on
the amendment but by a majority of all voting for candidates at this
general election.[A]
[Footnote A: These states are Arkansas, Illinois, Minnesota,
Mississippi, Nebraska, Oklahoma, Rhode Island and Tennessee. Rhode
Island sets a definite majority (three-fifths) of those voting at the
election. Probably Texas and North Carolina should be included but the
amendment clause in their constitutions is misleading and they may
be given the benefit of the doubt; their clause reads: "An amendment
shall be submitted to the voters and adopted by a majority of the
votes cast."]
This requirement by itself is regarded by one authority on state
constitutions[B] as making amendment practically impossible for it
means that the indifference and inertia of the mass of the voters can
be a more serious enemy than active opposition; the man who does not
take the trouble to vote is as much to be feared as the man who votes
against.
[Footnote B: Dodd, W.F. Revision and Amendment of State
Constitutions.]
A majority vote is required by the constitution of Indiana that is so
extravagant as to have caused contradictory decisions in the courts.
The constitution reads: "The General Assembly ... (shall) submit such
amendment ... to the electors of the state, and if a majority of said
electors shall ratify." This was interpreted in one case (156 Ind.
104) to mean a majority of all votes cast at the election, but in a
later case (in re Denny) it was taken, exactly as it reads, to mean
all the people in the State eligible to vote--and this in the face of
the fact that the number of people eligible to vote is unknown even
to the Federal Census Department. Indiana also requires that while one
amendment is under consideration no other can be introduced. She is,
needless to say, one of the states whose constitution has never been
amended.
Other states besides Indiana have time requirements to insure the
immutability of
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