Constitutional Convention, Leblslative Amend Ment, and Popular Initiative
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A GUIDE TO THE CONSTITUTIONAL AMENDING PROCESS IN MASSACHUSETTS The Constitution of the Commonwealth of Hassnclnisctta lias been amended 106 times since its adoption in 1780. There are tliree methods by which tlie Constitution may be amended: Constitutional Convention, leBlslative amend ment, and popular Initiative. All three methods require ratification by tlie voters before a Constitutional amendment Is adopted. The original Constitution provided that two thirds of the qualified voters of the state could vote to convene n Constitutional Convention during or after 1795 (Chapter VI, Article X). Constitutional conventions have been held under this provision in 1820, 1853, and 1917. In 1821, a Constitutional Convention cstabllslied the right of tlie General Court to propose legislative amendments.(AiiuMuhnonts, Article IX). Such amendments must be approved by two successively rJticted leg.lslntures before they can be submitted to the voters for their approval. Most Constitutional amendments now originate in tlic Ceneral Court. The popular initiative was established in 1918 by a Const i t ut 1 onal Convention (Amendments, Article XLVIII). The initiative allows ten qualified voters of the Commonwealth to submit Consitutional amendments and laws to the people for approval or rejection. An initiative petition must first go before the General Court. If the petition receives favorable action by joint sessions of two successively elected legislatures, it is placed on the ballot for voter action. If tlie measure is approved by a majority of voters voting on the amendment (which must be equal in number to at least 30% of the total number of ballots cast in that state clt»ctlon) the amendment becomes a part of the Constitution. The mechanics of filing and acting on initiative amendments were further modified in (Amcndm(?nts, Article LXXIV) and again in 1950 (Amendments, Article LXXXt). ***** ickjK**-k4fk ******* rlic tahlc bolow is a ntjinpricnl listinj:', of nil amondmfnts to the Massachusetts Constitution. 1 t is intontleti for use as a Ruidc to the pamphlet edition of tlic Constitution printed in 1977. The table shows the years in wliich each amendment was adopted, the authority wliich orlijiii'ited each amcndnteni., and the year when each was ratified by the voters. ARTICLES OF AMENDtlENT OF THE CONSTITUTION OF MASSACHUSETTS Year of Years of Ratification Article No. Adoption Authori ty by Voters I (1) 1821 Constitutional Convention 1821 II (2) 1821 1821 III (3) 1821 1821 IV 1821 1821 V lli 1821 1821 VI (6) 1821 1821 VII (7) 1821 1821 1821 VIII (8) 1821 1821 IX (9) 1821 X (10) 1829; 1830/1830-1831 General Court 1831 1833 XIM (11); I 1; 1832; 1833 1836 XIIn 12 1835; 1836 1840 XIIIII (13 1839; 1840 XIVIV (14) 1854; 1855 1855 XV (15) 1854; 1855 1855 XVI (16) 1854; 1855 1855 1855 XVII (17 1854; 1855 XVIII (18) 1854; 1855 1855 XIX , (19) 1854; 1855 1855 XX (20) 1856; 1857 1857 XXI (21) 1856; 1857 1857 XXII (22) 1856; 1857 1857 XXIII (23) 1858; 1859 1859 XXIV (24) 1859; 1860 1860 XXV (25) 1859; 1860 1860 XXVI (26) 1062; 1863 1863 XXVM (27) 1876; 1877 1877 XXVIII (28) 1800; 1881 1081 XXIX (29) 1884; 1885 1885 XXX (30) 1809; 1890 1890 19 15 SAMPLE CSFC VOTE SUMMARIES (HOUSE) By Issues with Conservative Position NOTE: Following are 15 sample (but actual) vote summaries taken from the 305 vote summaries used in compiling the House Ratings. These 15 samples are the basis for the sample vote chart in the following pages. DEFENSE ISSUES 1 SUPPLEMENTAL APPROPRIATIONS 1978 2H072 HR9375 H1364 2/22/78 234/182 The House agreed to the Mahon motion to concur in Senate Amendment No. 43 (Rescinding B-1 Bomber Funding) to HR 9375, making supplemental appropriations for the fiscal year ending September 30, 1978. The conservative vote is NAY. 2 FIRST CONCURRENT RESOLUTION ON THE BUDGET FY 1979 (AMENDMENT) 2H275 HCRS559 H3502 5/3/78 142/262 The House rejected the Stratton substitute Amendment that sought to increase the budget authority by $2.4 Billion for National Defense. The conservative vote is YEA. 3 DEPARTMENT OF DEFENSE AUTHORIZATION ACT FY 1979 (AMENDMENT) 2H366 HR10929 H4530 5/24/78 115/287 The House rejected a Dellums Amendment that sought to eliminate the $911.9 Million authori zation for the Trident Submarine. The conservative vote is NAY. 4 DEPARTMENT OF DEFENSE AUTHORIZATION ACT OF FY 1979 (AMENDMENT) 2H368 HR10929 H4542 5/24/78 139/264 The House rejected an Aspin Amendment that sought to replace the $2.1 Billion Author ization for a new nuclear powered carrier (CVN) with a $1.5 Billion conventionally powered medium size carrier (CVV). The conservative vote is NAY. 5 DEPARTMENT OF DEFENSE AUTHORIZATION ACT FY 1979 (AMENDMENT) 2H371 HR10929 H4551 5/24/78 142/247 The House rejected a Levitas Amendment that sought to prohibit the use of authorized funds to reduce army combat troops in South Korea below 26,000, except in the case of an emergency declared by the President. The conservative vote is YEA. ECONOMIC ISSUES 6 MIDDLE-INCOME STUDENT ASSISTANCE ACT 2H166 HRn274 H2201 3/20/78 156/218 The House refused to order a second on a motion to suspend the rules and pass HR 11274, to amend Title IV of the Higher Education Act of 1965 to increase the availability of assistance to middle-Income students and to amend section 1208 of the Act. The conserv ative vote is NAY. 7 WHITE HOUSE PERSONNEL AUTHORIZATION (AMENDMENT) 2H219 HR11003 H2860 4/13/78 180/215 The House rejected the Bauman Amendment that sought to reduce the number of White House office employees authorized to be compensated at rates above GS-16 from 100 to 75. The conservative vote is YEA. !l 8 LABOR-HEW APPROPRIATIONS FY 1979 (AMENDMENT) 2H428 HR 12929 H5115 6/7/78 201/179 The House adopted the Symms Amendment that reduces the appropriation for the Occupa tional Safety and Health Administration (OSHA) to the 1978 level of $39,070,000, a reduction of $28.4 Million. The conservative vote Is YEA. 9 NEW YORK CITY FINANCIAL ASSISTANCE ACT OF 1978 2H432 HR1242S H5156 6/8/78 247/155 The House passed HR12426, to authorize the Secretary of the Treasury to provide financial assistance up to $2 Billion for the City of New York. The conservative vote is NAY. 10 PUBLIC DEBT LIMIT EXTENSION 2H571 HR1338S H6999 7/19/78 205/202 The House passed HR13385, to provide for a temporary Increase in the public debt limit up to $398 Billion. The conservative vote is NAY. SOCIAL ISSUES 11 DOMESTIC VIOLENCE ASSISTANCE ACT OF 1978 2H354 HR 12299 H4446 5/23/78 201/205 The House rejected a Brademas motion to suspend the rules and pass HR 12299, to establish a federal office of domestic violence, and a federal council on domestic violence, and a federal council on domestic violence and to provide grants for the assistance of victims of domestic violence and for training programs. The conservative vote is NAY. 12 INTELLIGENCE AUTHORIZATION FY 1979 2H418 HR12240 H5038 6/6/78 60/312 The House rejected a Weiss Amendment that sought to strike the language requiring the Attorney General to notify the House and Senate permanent select committees on Intelligence of each admission of an alien which the Attorney General has reason to believe is excluda ble under certain provisions of the Immigration and Nationality Act. The conservative vote is NAY. 13 LABOR-HEW APPROPRIATION FY 1979 (AMENDMENT) 2H444 HR12929 H5371 6/13/78 198/212 The House rejected a Wright Amendment that sought to substitute compromise language restricttngyear for the use abortion of funds provisions for abortions in the Biil. that Thewas conservativeagreed to by vote the is SenateNAY. and House last ^ 14 LABOR-HEW APPROPRIATION FY 1979 (AMENDMENT) 2H445 HR12929 H5379 6/13/78 232/177 The House agreed to a Walker Amendment that prohibits the use of funds to issue or enforce any ratio, quota, or other numerical requirement related to race creed, color, national origin, or sex, with respect to hiring, promotion, and admissions' policies. The conservative vote Is YEA. 15 AGRICULTURE APPROPRIATIONS FY 1979 (AMENDMENT) 2H482 HR13125 H5946 6/22/78 194/201 The House rejected the Symms Amendment that sought to reduce the appropriation for the Food Stamp Program by $290 Million. The Conservative vote is YEA. 21 ECONOMIC DEFENSE SOCIAL 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 ABDNOK H 2 SD addabho D 7 NY AKAKA D 2 HI ALEXANDER D 1 AH ALLEN, C. D 5 TN » 4 4 AHBRO D 3 NY AHMEHMAN 0 23 PA ANDERSON, G, D 32 OA ANDERSON, J. R 16 IL ANDRFIhS, 1. D 4 NC ♦ ♦ » ♦ ♦ * « 4 ANDRF>S, H, R 0 NO ANNUNZIO D 11 IL APPLEGATE D IB OH ARCHER R 7 TX ARHSTPONG R 5 CO * * * « « « « 4 ASHBROOK R 17 OH ASHLEX D 9 OH ASPIN D 1 WI AU COIN D 1 OR BADHAH R 40 CA » ♦ ♦ ♦ ♦ » * * 4 BADILLO D 21 NY BAFAL15 R 10 FL BALDUS 0 3 WI BARNARD D 10 GA PAUCUS D 1 MT ♦ ♦ ♦ ♦ » * * 4 BAUhAN R 1 MD BEARD, E, D 2 R1 BEARD, R, R 6 TN BEDELL D 6 lA BEILENSON 0 23 CA « « * * * * » 4 BENJAMIN 0 1 IN BENNETT 0 3 FL BEVILL D 4 AL BIAGGI D 10 NY BINGHAM D 22 NY * 4 4 BLANCHAPD D IB MI BLOOIN n 2 lA BOGGS D 2 LA BOLAND D 2 MA bolling D b MO ♦ ♦ ♦ ♦ » * * 4 BONIOP D 12 MI bonker D 3 wA PQnEN D 2 MS BRADEMAS D 3 IN BREAUX P 7 LA » » » ♦ » * 4 4 BPECKINRIDGE D 6 KY BRINKLEX D 3 GA BRODHEAD D 17 Ml BROOKS D 9 XX BRDOMI- lELD R 19 MI 4 * 4 BRONN, C.