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State Constitutions CHAPTER ONE STATE CONSTITUTIONS The Council of State Governments 1 STATE CONSTITUTIONS AND CONSTIUTIONAL REVISION: 1986-87 By Albert L. Sturm and Janice C. May GENERAL OVERVIEW: used procedure for initiating constitutional USE OF AUTHORIZED METHODS change, accounted for 88 percent of the 275 pro­ poeed changes submitted to the voters in State constitutional change proceeded at a 1986-87. The adoption rate of legislative pro­ modest pace in 1986-87. As table A indicates posals, which historically has been much 275 constitutional propositions were submitted higher than that of other methoda, reached the to the voters in 47 states; 204 were approved, highest rate of the decade 77.7 percent. including two adopted in Delaware by legisla­ As 'Th.ble 1.3 indicates, 17 states adopted the tive action only. These totals represent an in­ constitutional initiative, appropriate only for crease over the preceding biennium, but fall making limited constitutional change. During ahort ofthoae proposed or adopted during the 1986-87, the method accounted for 18 propos­ rmrt. half of the 1980& However, 88 18ble B ed constitutional amendments in nine states. shows, the number of statewide propositions Two other proposals, including one which proposed or adopted in 1986-87 was second on­ would have allowed capital punishment, "'''ere Iyto the 198().81 figures. Also. the approval rate removed from the ballot by t he Michigan for propositions in 1986-87 was the highest. Supreme Court. Five of the constitutional ini­ No new state constitutions were adopted or tiatives were adopted, for a modest approval became effective during the biennium, but rate of 27.7 percent, well below halfthatfor leg­ Rhode Island's 12th constitutional convention, islative submi.88ions. The number of constitu­ which was in aeseion throughout 1986, submit.­ tional initiatives proposed and adopted in the ted an editorial revi8ion without substantive nine states during the biennium were as change as wel18813 other ballot question! that followa: Arizona (1-0), Arkansas (3-1), Califor­ called for substantial revision. The "rewrite" nia (2.1), Colorado(l-O), Florida (2-1), Montana and seven of the other questions were approved. (2-1), North Dakota (1-0), Ohio(l-O)and Oregon Thbles 1.2, 1.8 and 1.4 summarize the pro­ (5-1l. cedures BSBOCiated with three methods used in 1986-87 to initiate constitutional change: pro­ Constitutions conventions posal by the state legislature, available in all states; the constitutional initiative, authoriz· The constitutional convention is the oldest, ed in 17 state constitutions; and the constitu­ best known, and most traditional method to tional convention, available in all statee (al­ revise extensively an old constitution or write though not expre88ly authorized in nine state a new one. Through 1987, more than 230 state constitutions). A fourth method to initiate and constitutional assemblies have convened. This submit propoeed constitutional changes to the method is usually initiated by the elate legis­ electorate, the constitutional commiseion (ex­ lature after the voters approve a convention pressly authorized only in the Florida constitu· call. An increasing number of state constitu- tion)was not used in 1986-87, nor in any of the bienniUlDllshown in Thble A. Albert L. Sturm was profell8Ol" emerltua, Center (or Public Adminiltration and Policy, Virginia Legisla tive proposal, constitutional Polytechnic Inltitute and State University, initiative Blacbburg. Virginia, and Janice C. May il 8IIIIOciate profeuor dGovernment, the Univerllity d'Thus at Legislative proposal, the most commonly Austin. 2 The Book of the States 1988-89 CONSTITUTIONS tions require asking voters periodica1ly ifa con­ bined by common category into 14 ballot ques­ stitutional convention should be called. As tions for submission to the electorate with the Thble 1.4 shows, 14 state coll8titutions contain result that IIO me ballot questions contained such a provision: eight states provide for sub­ more than one amendment. mission of the convention question to the voters At the referendum on Nov. 4, 1986, the voters every 20 years; one state, every 16 years; four approved eight of the 14 propositions. The states, every 10 years; and one, every nine following questions identified by their ballot years. During the biennium, mandatory peri­ titles were adopted: 1- Rewrite of the Present odic convention calls were placed on the ballot Constitution, 6- Ethics in Government, 7- in November 1986 in Connecticut and Hawaii. Budget Powers and Executive Succession, B­ Both were defeated, by a vote of207 ,704 for and Rights of the People, 9- Shore Use and En­ 379,812 against in Connecticut and 139,236 for vironmental Protection, lo. Felon Office Hold· and 173,977 against in Hawaii. ing and Voting, 11- Libraries and 12- Bail. Re­ Only one state constitutional convention was jected were 2- Judicial Selection and Discipline, operative during 1986-87 - Rhode Island's 3- Legislative Pay and Mileage, 4- Four-year 12th constitutional convention. As reported in Term and Recall, 5· Voter Initiative, 13· Home the last volume of The Book of the States, Rule and 14- Paramount Right to Life/Abortion. Rhode Island voters approved the convention Summaries in the last two volumes of Th e call on Nov. 6, 1984 by a vote of 155,337 to Book of the States contained brief accounts of 131,648. The enabling act, which was approv­ constitutional developments in the District of ed by the Rhode Island General Assembly on Columbia where a proposed Constitution of the June 19, 1985. provided for an unlimited con­ State of New Columbia, drafted by a constitu· stitutional convention with 100 delegates to be tional convention and approved by the voters elected on a non·partisan basis, one from each in 1982, was transmitted to the U.S Congress lower house district, on Nov. 5, 1985. The Rhode in the fall of 1983. On Sept. 12, 1983, D.C. lsland General Assembly appropriated. initial­ Delegate Walter C. Fauntroy introduced H.R. ly $50,000 and later added $335,965 to provide 3861, the New Columbia Admissions Act. on for convention expenses. Actual convention ex­ which hearings were held. In response to penditures totaled $333,622. Delegates served criticisms of the proposed constitution, revi· without compensation except for expenses. sions were proposed. Finally, on May 6, 1987 The convention convened at the State House the Council of the DistrictofColumbia approv­ in Providence on Jan. 6, 1986, and adjourned ed a revised document, which was transmitted Dec. 4, 1986, after having held 14 plenary ses­ to the Congress. Among the highlights of the sions. Principal officers elected by the conven­ document are the following: 11 sections instead tion were a president, Keven A. McKenna. of 18; a short lO-section Bill of Rights that t hree vice presidents, a secretary and a trea­ parallels the U.S Bill of Rights with the excep­ surer. The convention rules provided for nine tion that an equality clause has replaced the standing committees which handled 288 reso­ 10th Amendment; a unicameral legislature lutions for constitutionaJ change introduced by elected by a combination of single-member convention delegates. A total of 25 proposed districts and at-large elections; provision for amendments received at least 51 votes on sec­ amendment by legislative submission and ond passage, the minimum required to be plac­ voter approval; a relatively strong governor, no ed on the ballot. These 25 proposals were com- lieutenant governor, an attorney general, and Tab ... A St.... Conatlludonal Cb..... by Meobod <JIl lnlUaUo .. 1_-81. 11182- 1IS. 11IIU-85 ..... 11M- 87 N.......... rvl .... _11n'OI....t ............. ... .... Pe::::::r 1980 11182 111&1 11M 1980 11il82111&11_ 1980 11182 1-' liM 1980 IIl82 111&1 11M Meobod vl lnlUodon - 81 - 83 - 86 - 87 - 81 - 83 - 86 - 87 - 81 - 83 - 86 - 87 -" - 83 - 86 - 87 AII-"odo ~ ~ OM n. , 711.1 73.0 116.5" '4..3" .. ... ,~.. 1AP1";"~ .. " '" ...'" ...'", '" 73.2 75.5""""".7" .. .. .. 2'7.8 20.0 41.1 27.7 c-JIUIIo ...1 nlliali.. '" .. '" '" ~., ConMltutlonool oo".. ntlon ", • , •, '" '" .. .. ,• • • . 80.0 &1.1 ConotJlullonool oo",m*!on "• " " " • • The Council of State Governments 3 CONST1TllTIONS 8E!Vet'8l coostitutional boards; a ~tiered court. The Utah Constitutional Revision Commi. 8yt1t.em with merit selection of judges and sion, a permanent body since 1977, is required 15-year terms; two fl8Cal articles (Budget and by statute to submit recommendations for con­ Financial Management, Boml"Ning) that to­ stitutional revision to the legislature at least gether constitute about one-third of the 53-page 60 days before each regular seuion. Action on charter; initiative, referendum, recall; and ad· the commiseion's recommendations through visory neighborhood commi88ions. Deleted 1987 included voter approval ofrevised articles were several articles on policy, among them on the executive branch, revenue and taxation, Land and the Environment, Public Services, the judicial branch, the legislative branch and Health, Housing and Social Services, and education. Proposed revisiona of the articles on Labor. H.R. 51, the D.C. statehood bill in the local government and public debt were submit­ lOOth Congress (1987-88), was reported out ted to the legislature in 1988. For more infor· favorably from committee, and House floor ac­ mation on the Utah and Mississippi commis· tion was anticipated in 1988. sions. see Thble 1.5. In Oregon, an unsuccesafui attempt was Constitutional commissions made in the legislature in 1987 to establish a constitutional revision commission. A propos­ Constitutional commissions generally serve ed joint resolution (H.J.R. 28) provided for a two mejor purposes: to study the constitution 17-member bipartiean commiyion to be ap­ and propose needed changes and to prepare for pointed by the president of the senate (six a constitutional convention. CommisaiODs in members), the speaker of the house (seven Missi88ippi and Utah were lheon1y ones opera· membel1l), the governor (two members), and the tive during the biennium.
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