Paradox of Self-Amendment by Peter Suber of Proposed Amendments to the Federal Constitution Should Be Called and Constituted," Massachusetts Law Quarterly, 18 (1933) 287-98; Anon., "Conventions to Ratify Constitutional Amendments," Law Notes, 37 (1933) 121-22 [41-42]; D. Smith, "Has Congress the Power to Call Conventions in the States to Consider Constitutional Amendments?" Journal of the Bar Association of Kansas, 21 (1933) 1-7; R.H. Anderson, "A Proposal to Create Conventions for Ratifying Amendments to the United States Constitution," Florida State Bar Association Law Journal, 6 (1933) 508-10; H.S. Phillips, "Has Congress the Power Under Article V of the Constitution to Call and Regulate the Holding of Ratifying Conventions Independent of State Legislatures?" ibid. 6 (1933) 573-78; R.H.A., "Ratification by Convention or Legislature, A Constitutional Enigma," Georgia Law Journal, 21 (1933) 333-39; N.T. Ball, "Ratification of Constitutional Amendments by State Conventions," George Washington Law Review, 2 (1934) 216-21; and Clement E. Vose, Constitutional Change: Amendment Politics and Supreme Court Litigation since 1900, op. cit., Chapter 5 (pp. 101-37). 29. Clark was reportedly advised on the issues of the case by the noted constitutional scholar Edward S. Corwin of Princeton University. See Kyvig, op. cit. (1974) at p. 163, and Vose op. cit. at 98. 30. This proposition was rejected by the Supreme Court in four cases, three times in dictum and once in Sprague, and here even Judge Clark rejects it. A sustained critique of the idea is Walter F. Dodd, "Amending the Constitution," Yale Law Journal, 30 (1920) 321-54. 31. U.S. v. Sprague, 44 F.2d 967, 981, 984 (1930). 32. "Even if this opinion meets with a cold reception in the appellate courts, we hope that it will at least have the effect of focusing the country's thought upon the neglected method of considering constitutional amendments in conventions." Ibid. at 967. 33. Ibid. at 985. 34. Ibid. at 974. 35. The important part of the Fourteenth Amendment for this discussion is the application of the "due process clause" to the states. The Fifth Amendment had applied the clause to the federal government. 36. A New Jersey plaintiff once argued that the Fourteenth Amendment nullified the New Jersey state AC. Jackman v. Bodine, 78 N.J.Super. 414, 188 A.2d 642 (1063). He claimed that the absence of any provision for citizen initiative or popular referendum violated the Due Process clause. Because New Jersey state senators were not elected on a one-person, one-vote basis, he also claimed that the role of the state senate in the amendment process violated the Equal Protection clause. The court held against him on both counts, in conclusory language. Of course, even if the plaintiff's theories had been vindicated, they did not imply that self-amendment had occurred. Note that a section of the New Mexican AC has been struck down for violating the one-person, one-vote principle. State v. State Canvassing Board, 78 N.M. 682, 437 P.2d 143 (1968). See Arthur O'Neal Beach, "Constitutional Revision —Constitutional Amendment Process [in New Mexico]," Natural Resources Journal, 9 (1969) 422-29. 37. Alexander Hamilton, Federalist #78: "But this is a mere rule of construction, not derived from any positive law but from the nature and reason of the thing." 118