A Treatise on Constitutional Conventions

Two distinct varieties of Constitutions in the United States, those of the
General Government and those of the States. Distinction between the two.
$$ 89-91.

Rules of construction applicable to each. § 91.

The Constitution of the United States a part of the Constitution of each State,

and the Constitutions of all the States parts of the Constitution of the United

States. § 92.

Both kinds form governments of limited jurisdiction. § 93.

Which of the two is supreme? §§ 93, 94.

Necessity of keeping the two kinds in their operation distinct. § 95.

Opinion of Mr. Webster quoted. § 95.

Internal structure of the American Constitutions. § 96.

Constitutions commonly consist of three parts:

1. The Bill of Rights. Object and contents of a Bill of Rights. §§ 96-99.

The Federal Constitution has no Bill of Rights, why. § 98.

2. The Frame of Government, description of. §§ 100, 101.

3. The Schedule. Object and contents of a Schedule. § 102.

Precedents showing the extent to which a Schedule has been em-

ployed. § 103.

Ordinances. Nature and purpose of. § 103 a.

CHAPTER IV.

OF THE REQUISITES TO THE LEGITIMACY OF CONVENTIONS, AND OF

THEIR HISTORY.

Requisites to the legitimacy of Constitutional Conventions. SS 104-259.

Preliminary observations.

Meaning of the term "legitimacy," and its derivatives. §§ 105-108.

Meaning of the term "revolution," and its derivatives. §§ 109-111.

Importance of defining the term "revolution." Doctrine of precedents. § 112.

I. The proper mode of initiating or calling a Convention.

The question considered from the point of view of theoretical principles.

S$ 114-124.

But two modes possible :-

1. By the intervention of unofficial persons; that is, by private citizens,

giving expression, perhaps, to a general desire. § 114.

Observations on this mode. §§ 114, 115.

2. By some authentic act of the sovereign body, through some branch of

the existing government. § 116.

Observations on this mode, in general. § 116.

Particulars involved in the term "mode." First, agencies; second, man-

ner of proceeding. § 117.

Examination of the various governmental agencies, with respect to fit-

ness to discharge the function of calling Conventions. §§ 118-121.

(a) The electors. $118.

(b.) The judicial department. § 119.

(c.) The executive department. § 120.

(d.) The legislative department. § 121.

In what manner a Convention should be called. $ 122-123.

Though a Convention be illegitimate, the Constitution framed by it may

become legitimate, how. § 124.

The proper mode of calling a Convention, looking at the question from

the point of view of precedents. SS 125-259.

Conventions thus far held divided into two great classes:-

(a.) Such as were held during the revolutionary period, from 1775 to

March, 1789. §§ 125-169.

History of the times in which these Conventions were called, and

the general causes by which their legal character was deter-

mined. §§ 126–130.

Advice of the Continental Congress to Massachusetts, New
Hampshire, Virginia, and South Carolina, in 1775, to form in-
dependent governments therein. §§ 127, 128.

General recommendation of the Congress to all the Colonies, of
May 10, 1776, to the same effect. § 128.