“The Earth Belongs Always to the Living Generation”: The Development of State Constitutional Amendment and Revision Procedures

Abstract

Although the relatively flexible state constitutional amendment and revision procedures are generally considered to be inferior to the corresponding procedures in the U.S. Constitution, there have been few efforts to explain why state constitution-makers adopted these procedures, and as a result we have not been in a position to assess adequately the merits of the state approach. This article undertakes to explain the development of state constitutional amendment and revision procedures by examining the state convention debates that have been conducted throughout American history. The adoption of these procedures can be attributed, in part, to a different theoretical understanding of constitutionalism than prevailed at the national level, and, in part, to a desire to overcome various problems of governance at the state level, including the need to overcome entrenched geographic interests in the nineteenth century, and the need to overcome powerful special interests, as well as intransigent judges, in the twentieth century.