1.917-

THE

PROPOSED CONSTITUTION

OF

INDIANA

By JACOB PIATT DUNN

INDIANAPOLIS:

Sentinel Printing Company, Printers and Binders

1911

THE PROBLEM.

The Constitution of Indiana provides a mode for special amendment of its own provisions, but makes no provision for general revision; or the adoption of a new constitution, beyond the declarations that "the people have, at all times, an indefeasible right to alter and reform their government;" and "the legislative authority of the State shall be vested in the General Assembly."

The mode for special amendment provides that "while an amendment or amendments which shall have been agreed upon, by one General Assembly shall be awaiting the action of a succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed." The Supreme Court has decided that an amendment once submitted to the people remains "pending," or "awaiting the action" of the electors, until "a majority of the electors of the State" vote either for or against it.

The Constitution provides that "every person of good moral character, being a voter, shall be entitled to admission to practice law in all courts of justice." In 1897 an amendment was proposed, that the legislature might prescribe qualifications for admission to the bar. It was adopted by two legislatures and has been voted on three times; in 1900, 1906 and 1910, without a decisive vote either way. Under the Supreme Court decisions it is still "pending;" and bars all other special amendments.

Question: How may the "indefeasible right to alter and reform their government" be exercised by the people?

I.

The Right of Self-Government.

The right of the people of any American State to revise or alter their form of government, at any time, is based on the broad principles asserted in the Declaration of Independence, and never since questioned by Americans: "We hold these truths to be self-evident— that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form; as to them shall seem most likely to effect their safety and happiness."

This right is not dependent on any written constitution, and could not be taken away by one. It does not admit of question. It is selfevident, inherent, indefeasible, and inalienable.

It is declared in every American constitution, not for the purpose of conferring it, but for the purpose of emphasizing it as the basic principle of every constitution. There is no constitution in existence in this country, and there has never been one, which did not rest wholly on that natural right. Its assertion was the opening declaration of the Indiana Constitution of 1816 as it is of the present Constitution, which says, in the first section of the first article, that "All power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authorities and instituted for their peace, safety and well being. For the advancement of these ends, the people have, at all times, an indefeasible right to alter and reform their government."

It should be borne in mind that this declaration does not create any right, but simply recognizes one that exists, perpetual, inalienable, unchangeable, inherent in the people. It is not an abstract principle, but a practical, available right, that can be acted upon at any time, and has been acted upon time and again in the United States.

It is so universally recognized that it has been seriously questioned in the higher courts only once and that was in the extreme case of the reconstruction constitution of Tennessee.

In 1861 the legislature of Tennessee decided for secession, but the State was occupied by Union troops, and the secession government disappeared, leaving only the United States military government in its place. Under protection of this, a committee of Union men called a constitutional convention, which met at Nashville on January 9, 1864, and proposed amendments which were adopted on February 22 following. The amendments were offered to the old Constitution of

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