r abolish the existing form of government. This principle,
however, was expressly recognized in but few of the earlier state
constitutions, which, as a rule, contained no provision for future
amendment. But such provision was not really necessary, inasmuch as the
power of the legislature was limited only by its responsibility to the
electorate. A mere majority of the qualified voters might demand and
secure the enactment of laws which would virtually amend the
constitution. From this time on, however, we see a strong tendency to
specify in the constitution itself the manner in which it could be
changed; and by the time that the framers of the Federal Constitution
met in Philadelphia in 1787 a majority of the state constitutions
contained provisions of this kind.
According to the Maryland constitution of 1776 it was necessary that an
amendment should "pass the General Assembly, and be published at least
three months before a new election" and confirmed by the General
Assembly in the first session after such election.[51] The South
Carolina constitution of 1778 permitted "a majority of the members of
the senate and house of representatives" to adopt amendments after
having given ninety days' notice of such intention. The constitution of
Delaware, 1776, required that constitutional amendments should be
assented to by five-sevenths of the lower house and seven-ninths of the
upper. This check on amendment was largely inoperative, however, for the
reason above mentioned, viz., that the legislature was supreme, and
could enact by majority vote such laws as it saw fit, whether they were
in harmony with the constitution or not.
Five other state constitutions made provision for the adoption of
amendments by conventions. The Pennsylvania constitution of 1776
provided for the election every seventh year by the freemen of the state
of a "Council of Censors" to hold office during one year from the date
of their election. This body had the power "to pass public censures, to
order impeachments, and to recommend to the legislature the repealing
such laws as appear to them to have been enacted contrary to the
principles of the constitution." They also had power to call a
convention for amending the constitution. "But ... the amendments
proposed ... shall be promulgated at least six months before the day
appointed for the election of such convention, for the previous
consideration of the people, that they may have an opportunity of
in
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