The Revision And Amendment of State Constitutions

Cover The Revision And Amendment of State Constitutions
The Revision And Amendment of State Constitutions
Walter Fairleigh Dodd
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Herried, 10 S. D., 109.
Digitized by Google AMENDMENT OF CONSTITUTIONS 221 In the recent Colorado case of People v. Sours,"^ the court took a very liberal attitude, saying that l^slative action must be in substantial compliance with the constitu- tional requirements, but that technical objections would be brushed aside. Here a number of specific objections were made to an amendment approved by the people, of which perhaps the most important was that the constitution re- quired " full entry " of
... the proposed amendment upon the l^slative journals but that the entry upon the house jour- nal did not agree with that on the senate journal. The court sustained the amendment, and said that "the dis- agreement between the two journals is a mere clerical mis- take, that the same bill in fact passed both houses, and that the entering by mistake upon the journal of the house of the half dozen words quoted docs not violate the provision of the constitution requiring the proposal to be entered in full upon the journals of both houses." The fact remains, however, that technically there was not a full entry of the proposed amendment on the journal of each house.

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