Paradox of Self-Amendment by Peter Suber AC amended? Yes. March 18, 1880; January 6, 1909; July 3, 1915; and September 19, 1957. Comment. Article 1, §2 of the Maine Bill of Rights asserts that the people have "an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it." Maryland Current constitution: 1867 AC: Article 14 Prior constitutions: 1864 AC: Article 11 1851 AC: Article 11 1776 AC: Article 59 AC amended? Yes. AC §1 was amended November 7, 1944, November 7, 1972, and November 7, 1978. AC §1A was amended November 7, 1978. AC §2 was amended November 6, 1956. Comment. The Declaration of Rights, which is separate from the main body of the constitution, declares in Article I that the people possess "the inalienable right to alter, reform, or abolish their form of government in such manner as they may deem expedient." The Declaration of Rights does not control the constitution when the latter is clear. Anderson v. Baker, 23 Md. 531 (1865). The AC in the main body has been found "clear, explicit, and unambiguous." Bourbon v. Governor of Maryland, 258 Md. 252, 265 A.2d 477 (1970). Maryland is the only state I know of in which the relation between the ordinary AC and the declaration of a right to alter or abolish has been settled by case law. A new constitution was written by a constitutional convention but rejected by the voters in 1968. Massachusetts Current constitution: 1780 AC: §101, or Ch. 6, Art. 10, §2 Prior constitutions: none AC amended? Yes. The AC was amended April 21, 1821, by §111, which was itself superseded November 5, 1918, by §§157-61 and then annulled by §178. Comment. Massachusetts' is the oldest constitution still in effect in the United States. It has frequently been amended, especially in three waves: nine amendments adopted in 1821, five in 1917, and 14 in 1918. An entirely new constitution was rejected by voters in 1853. Article 7 of "Part the First" (a bill of rights) asserts that "the people alone have an incontestable, unalienable, and indefeasible right to institute government, and to reform, alter, or totally change the same when their safety, prosperity, and happiness require it." Michigan Current constitution: 1963 AC: Article 12 Prior constitutions: 1908 AC: Article 17 1850 AC: Article 20 1835 AC: Article 13 AC amended? No. Comment. The 1908 AC §2 was amended in April of 1913 and again April 7, 1941; AC §3 was amended in November of 1917 and again April 7, 1941; and AC §4 was amended November 8, 1960. The 1850 AC §1 was amended in 1876; and AC §2 was amended in 1862. A new constitution was rejected by the voters in 1867. Minnesota Current constitution: 1857, restructured 1974 AC: Article 14 (1857), Article 9 (1974) Prior constitutions: none AC amended? Yes. The 1974 restructuring was done by amendment and reworded many sections, including the AC, without intending to change their legal effect. The substance of AC §1 was amended in 1898, and of AC §3 on November 2, 1954. Comment. Minnesota has one of the most stringent ACs in the nation. At the same election that ratified the restructuring amendment (November 5, 1974) an amendment that would have liberalized the AC was defeated. (It does not necessarily follow that Minnesotans want a difficult amendment procedure; it may be that the current procedure is too difficult to amend to reflect the wishes of the people.) Mississippi Current constitution: 1890 AC: Article 15 Prior constitutions: 1869 AC: Article 13 1832 AC: Article 7, unnumbered section 1817 AC: Article 6, unnumbered section AC amended? Yes. AC §273 was amended August 26, 1955. Missouri Current constitution: 1945 AC: Article 12 Prior constitutions: 182