RECENT STATE CONSTITUTION-MAKING 77 



been adopted by popular vote except those of Vermont, Virginia, South 

 Carolina, Delaware, Kentucky, Louisiana, and Mississippi. Of the 

 nine new constitutions framed since January i, 1890, only three have 

 been submitted to popular vote. These are the constitutions of New 

 York, Utah, and Alabama. It seems that there has grown up a ten- 

 dency to adopt constitutions by promulgation merely. This tendency 

 seems to be confined to the southern States, and may be a part of the 

 program to disfranchise the negro. 



It is interesting to see how the promulgation of these constitutions 

 came about. Of the seven States that have constitutions that were 

 promulgated, Vermont is the only one that belongs to the old regime. 

 Its constitution was made in the days when the idea of submitting to 

 the people for adoption had not become a part of American political 

 thought. The constitution of this State was promulgated by the con- 

 vention, July 9, 1793. The authority for promulgating it was in the 

 constitution of 1777. 



The constitution of Delaware was promulgated by the convention, 

 June 4, 1897. I n tne act which called the convention there was no 

 authority for promulgating the instrument. This act states that in the 

 opinion of the legislature the constitution framed by the convention 

 should be submitted to the voters of the State for their adoption or 

 rejection. 1 The convention decided to reject the opinion of the legis- 

 lature. 



In Kentucky the convention was called for the purpose of "readopt- 

 ing, amending, or changing the Constitution of this State." The act 

 required the revised constitution to be ratified by a majority of the 

 qualified voters before taking effect. 2 After the constitution had been 

 ratified by the voters, the convention, which had adjourned to await 

 the result of the vote, met and made many amendments to the instru- 

 ment and published it as the law of the State, September 28, 1891. 

 The supreme court has held that these amendments are valid and that 

 the legislature had no power to require the constitution to be submitted 

 to the voters for ratification. 3 



The constitution of Louisiana was promulgated May 12, 1898. The 



1 1895, ch. 183. a 1890, p. 124. 3 92 Kentucky, 589, 605. 



