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2 J. B. Ass'n St. Kan. 1 (1933-1934)

handle is hein.barjournals/jkabr0002 and id is 1 raw text is: The Journal of the Bar Associa- tion of the State of Kansas VOL. 2 AUGUST, 1933 NO. I Published Quarterly, August, November, February and May by the Bar Association of the State of Kansas. $3.00 Per Annum Members $1.50 Single Copy $1.00 Address communications to W. E. Stanley, 830 First National Bank Building, or The Journal Publication Office, 319 South Market, Wichita, Kansas. Entered as Second-Class Matter, August 20, 1932, at the Post Office at Wichita, Kansas, under the Act of March 3, 1879. Copyright 2932, by .rournal of the Bar Associatio of the State -of Kansas. Has Congress Power to Call Conventions in the States .to Consider Constitutional Amendments? Mr. President, and my friends of the bar: I got into this controversy involuntarily. The Association of Women Against Prohibition asked my opinion as to whether constitutional conventions to consider the proposed twentieth amendment could be called by the state or federal government, Mr. James M. Beck having delivered in Congress- on December 7th last a speech in which he contended that they could only be called by the state. Well, of course, I .never could.refuse a lady anything, and I wrote them my opinion and sent a copy of it to Mr. Beck, whom I have known for many years, and whom I respect as highly. as any lawyer in the world, and it required a great deal of temerity to take issue with him. I use this language in order that you may know that I state the conditions fairly. In answer to my letter he wrote me courteously and said that I had unfairly stated his position. His position is this: He admits that there is no delega- tional (delegation of?) power in the Constitution to the states to call these conventions, express or by implication; but he says that the states made the Constitution and therefore they have an inherent right to amend the Consti- tution and to call these conventions. He says that if all the states got together and agreed upon an amendment to the Constitution-I am quoting from his speech-this amendmeit would immediately become a part of the Con- stitution to all intents and purposes, as though a part of the original instru- ment. My contention is that these constitutional conventions are federal bodies, performing a federal function, existing solely by-virtue of the federal Constitution; that they are independent of the state; their actions are not con- -trolled by the state constitution or the state statute; and that therefore they must be called by the federal Congress. Although I freely admit that Con- OAddress Delivered at the Annual State Bar Association Convention.

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