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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

For
example, in some states they specify what kinds of property shall be
exempt from seizure for debt, they make regulations as to railroad
freight-charges, they prescribe sundry details of practice in the
courts, or they forbid the sale of intoxicating liquors. Until
recently such subjects would have been left to the legislatures, no
one would have thought of putting them into a constitution. The motive
in so doing is a wish to put certain laws into such a shape that it
will be difficult to repeal them. What a legislature sees fit to enact
this year it may see fit to repeal next year. But amending a state
constitution is a slow and cumbrous process. An amendment may be
originated in the legislature, where it must secure more than a mere
majority--perhaps a three fifths or two thirds vote--in order to pass;
in some states it must be adopted by two successive legislatures,
perhaps by two thirds of one and three fourths of the next; in some
states not more than one amendment can be brought before the same
legislature; in some it is provided that amendments must not be
submitted to the people oftener than once in five years; and so
on.


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