Paradox of Self-Amendment by Peter Suber Prior constitutions: none AC amended? Yes. AC §1 was amended July 1, 1952, and August 27, 1974. Oregon Current constitution: 1857 AC: Article 17 Prior constitutions: none AC amended? Yes. The entire AC was repealed and replaced by the current AC §1 alone, June 4, 1906; AC §2 was added November 8, 1960. Comment. Article 1, §1 of the Bill of Rights asserts that the people have "at all times a right to alter, reform, or abolish the government in such manner as they think proper." Pennsylvania Current constitution: 1874, renumbered 1967 AC: Article 18 (1874), Article 11 (1967) Prior constitutions: 1838 AC: Article 10 1790 AC: none? 1776 AC: §47 AC amended? Yes, but only by renumbering, May 16, 1967, and by an insignificant word change in AC §1 (date unknown). Comment. Article 1, §2 of the Declaration of Rights asserts that the people "have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such a manner asd they may think proper." Note that the last section of the article (§24) entrenches the whole article in some sense by asserting "that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate." See comment on Delaware, above. The AC in the Pennsylvania constitution of 1776 was apparently the first explicit amending clause in world history. See Section 9, note 44. Rhode Island Current constitution: 1842 AC: Article 13 Prior constitutions: 1841 (People's Constitution) AC: Article 13 AC amended? Yes. The entire AC was annulled by the 42nd amendment. Comment. Although Rhode Island became a state in 1790, it operated without a constitution until 1842. Prior to that time its organic law was its colonial charter, signed by Charles II in 1663. The charter greatly benefitted large landowners, contributing to the insurrection known as the Dorr Rebellion in 1841, in which disaffected and disenfranchised small landowners called a People's Convention in order to draft a constitution more to their liking. The product of the convention was ratified by a large majority of voters. The "Charter Government" called its own convention in response, drafted a more conservative document (though less conservative than the charter), and saw it rejected by the voters. Thomas Wilson Dorr, a leader of the rebellion, was elected governor under the People's Constitution, but the incumbent under the charter refused to step down, claiming that the People's Convention was a nullity. The United States Supreme Court called the issue a political question and refused to decide it, while deciding other aspects of the case. Luther v. Borden, 48 U.S. 1 (1849). The Supreme Court in effect shifted the case to the Executive Branch, where President Tyler decided in favor of the Charter Government. Dorr was arrested and his movement put down by military force. The Charter Government called another convention; it conceded enough to the rebels that its constitution was adopted by voters in 1842. That constitution is still in effect. A new constitution was rejected by voters in 1898. Article 1, §1 of the Bill of Rights grants to the people the right to alter or abolish their form of government, but also makes the following addition. "[T]he Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." This is the only constitutional provision I have seen that says of the whole instrument, and even its successors, in effect, "valid and supreme until amended." Also note that the section claims to impose a duty even after the time of its replacement. As a result of the Dorr Rebellion, it also contains language ("an explicit and authentic act of the whole people") by which to test the validity of any future changes brought about by rebellion. South Carolina Current constitution: 1895 AC: Article 16 Prior constitutions: 1868 AC: Article 15 1865 AC: Article 12 1790 AC: Article 11 1778 AC: none 1776 AC: none AC amended? Yes. The current AC was amended 11 times between 1965 and 1979, and apparently never before that. Comment. The 1776 and 1778 constitutions were passed by the General Assemblies. The South Carolina Supreme Court declared soon after 1778 that both "constitutions" were actually statutes that the General Assembly could amend and repeal at will. That is one way to solve the problem of amending an organic law without an AC. Article 1, §1 of the Declaration of Rights asserts that the people "have the right at all times to modify their form of government." 185