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The Trend of Recent Constitutional Changes

Published online by Cambridge University Press:  04 October 2013

J. Q. Dealey*
Affiliation:
Brown University
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Extract

In papers read before this Association in 1906 and 1908, and in publications issued subsequently by the writers of those papers, the modern trend in state constitutions was quite fully presented. The detail of changes during the last three years has been so well covered in numerous publications, that a reiteration in this paper would surely be tedious and unfruitful. It may be sufficient to say that our state constitutions are constantly changing through amendment, that the powers of legislatures are undergoing further restrictions, that the executive is very slowly enlarging his powers, that the increasing mass of litigation compels an expansion of judicial organization, and that there is a growing emphasis on direct as against indirect democracy. Moreover, the states are slowly learning the art of regulating more effectively the great corporate interests under their jurisdiction; local government in county and city is in process of reorganization; taxation, public finance and the building of state-roads are important issues; and political parties begin to realize that at last their days of freedom and license are well nigh past, since they see before them, as a sort of handwriting on the wall, the direct primary, the short ballot, laws against corruption, and the voting machine in place of complaisant returning boards. Moreover our many states, diverse and widely scattered though they are, for the most part show a trend towards uniformity through the rise of the study of comparative legislation. Much of the credit for this should be attributed to the influence of such bodies as the American Bar Association, the National Civic Federation, the Conferences of Governors and the rapidly multiplying Legislative Reference Bureaus.

Type
Papers and Discussions
Copyright
Copyright © American Political Science Association 1912

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References

1 Dealey, Our State Constitutions; Dodd, Revision and Amendment of State Constitutions.

2 For list and work of these, see Report of the Library of Congress, 1911, pp. 183–237.

3 Second Treatise, Chapter XIX.

4 Spirit of Laws, Book XI.

5 Social Contract, Book III.

6 In the Agreement of the People, for instance.

7 As in the Constitutions of Oregon and Oklahoma, for instance.

8 California amendment, 1911.

9 If Arizona and New Mexico be included.

10 Adopted; Oregon, California, Arizona.

11 Iliad, book VIII.

12 Wyoming, 1889, Colorado, 1893, Utah, 1895, Idaho, 1896, Washington, 1910, California, 1911.

13 Sections 177–188.

14 Section 23.

15 South Carolina, Louisiana, Alabama.

16 Mississippi, South Carolina, Louisiana, Alabama.