78 UNIVERSITY OF COLORADO STUDIES 



authority for promulgation was in the act calling the convention. This 

 act had been submitted to and was adopted by the people, January 

 ii, 1898. 1 



In Mississippi the legislature passed an act calling a convention "to 

 revise and amend the present constitution of the State, or to enact a 

 new constitution." 2 The convention did not submit the new constitu- 

 tion to the people for ratification, but promulgated it as the fundamental 

 law, November 1, 1890. The supreme court has held that this con- 

 vention represented the sovereignty of the State. 3 



The South Carolina constitution was promulgated December 4, 1895. 

 There was no authority for promulgation in the act which called the 

 convention, but as the old constitution did not require the submission 

 of a revision to the people for ratification, the convention decided that 

 submission was not necessary. 4 



In May, 1900, the people of Virginia voted to hold a convention to 

 revise the constitution. An extra session of the legislature was held in 

 January, 1901, to provide for the election of delegates. The act pro- 

 vided that in case the convention had completed its work before the 

 November election of that year, the new constitution should be sub- 

 mitted to the voters for adoption at that time. If the constitution 

 should not be ready then, the next legislature should provide for its 

 submission. 5 The convention had not completed its labors by Novem- 

 ber, 1 90 1, and the following legislature did not provide for submission 

 to the people. The convention promulgated the constitution July 10, 

 1902. 



There is considerable danger in this plan of promulgating constitu- 

 tions. It places too much power in the hands of the constitution- 

 makers. There is hardly any limit to the power of a constitutional 

 convention. In case bad features are put into a new constitution that 

 is to be promulgated, the only recourse the people have is to elect a 

 legislature, and have this legislature call a convention to revise the 

 constitution and submit it to the people for ratification. It is not hard 

 to see how this might prove a tedious and troublesome process. 



1 1896, ch. 52. s 60 Mississippi, 898. 



* 1890, ch 35. * 1894, ch. 542. s 1901, ch. 243. 



