n.
The judicial veto served the purpose of preventing majority amendment
under the guise of ordinary legislation, while a safeguard against
constitutional changes favored by a mere majority was thus provided in
the extraordinary majority required in both houses of the legislature to
propose or adopt amendments. This, as has been shown in the case of the
Federal Constitution, is a formidable check on the majority. In view of
this restriction upon the proposing of amendments the provision for
ratification by a popular majority, which owing to the progress of the
later democratic movement has now been generally adopted, is no real
concession to the principle of majority rule.
Assuming that a two-thirds majority in the legislature is required to
propose an amendment, and that the principle of representation is so
applied that each party is represented in the legislature in proportion
to its popular vote, it would scarcely ever be possible for any party to
propose an amendment to the state constitution, since it can not be
expected under any ordinary conditions to control two-thirds of the
popular vote. But inasmuch as the successful party often secures under
our system much more than its proportional share of representation in
the legislature, it is by no means unusual for a party to have a
two-thirds majority in both houses of a state legislature. This would
appear to give the numerical majority under such conditions the power to
propose and adopt amendments. Such would be the case if the party were
really responsible to those who supported it at the polls. But this
would assume the existence of a purely state party, organized with
reference to state issues only, and carrying the election as the
advocate of a definite state policy. Moreover, it would presuppose all
those means, political and constitutional, by which the majority in the
legislature would be accountable to the popular majority in the state.
This is rendered impossible, however, as has been shown, by our system
of government.
The above-mentioned changes in the constitutions of the older states may
be attributed in large measure to the reaction against democracy which
brought about the adoption of the Federal Constitution. They may be
regarded as an expression of that distrust and fear of democracy which
filled the minds of those who framed and set up our Federal government.
It is not contended, however, that they are now so regarded by the
masses of the
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