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33 Cumb. L. Rev. 217 (2002-2003)
Methods of Altering State Constitutions

handle is hein.journals/cumlr33 and id is 225 raw text is: METHODS OF ALTERING STATE CONSTITUTIONS ANNE PERMALOFF1 All of the 50 state constitutions in the United States contain provisions outlining the manner in which they may be altered or revised. State constitutions my be altered through legislatively proposed amendments, constitutional conventions, constitutional initiatives, constitutional commissions, and judicial interpretation. This paper examines the methods of alteration that include direct public representation and involvement at some stage in the alteration process, thus limiting the discussion to the first four methods listed. There is considerable variation among the states in terms of which methods of alteration are allowed by their existing state constitutions. Furthermore, each method varies greatly in terms of the procedures required for its use. This paper will identify and discuss the variations within each method of alteration, which states use a given method, and the positive and negative factors associated with its use. Some of the philosophical, political, and cultural factors that influenced adoption of specific methods will be discussed as well. Finally, the paper will consider which methods might be appropriate for Alabama and for inclusion in a new Alabama constitution. THE IDEA THAT CONSTITUTIONS MAY BE ALTERED Is NOT NEW Popular sovereignty or the idea that government is based on popular consent served as the foundation for the Declaration of Independence, the original state constitutions, as well as the U. S. Constitution. Donald S. Lutz who has studied early state constitutional development indicates that an evolutionary process resulted in the gradual adoption of the 1 Anne Permaloff (Ph.D., University of Minnesota) is Professor of Political Science and Public Administration at Auburn University at Montgomery. Co- author of two hooks (Political Power in Alabama: The More Things Change... and Big Mules and Branchheads: James E. Folsom and Political Power in Alabama) and book chapters on Alabama politics (in A Century of Controversy: Consititutional Reform in Alabama and Alabama Governors: A Political History of the State), she has also published in a variety of journals including Policy Sciences, State and Local Government Review, Public Choice, and The Alabama Review.

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