Apathy Impedes State Constitutional Revision
By Roy Miller Assistant Managing Editor
Often overlooked because of the persisting image that has cowboys and Indians and buffaloes roaming the wide open spaces of the state, Kansas has not been unwilling to experiment politically.
The state led in the development of the legislative council as a means for improving legislation. It was one of the leaders in the use of cash-basis budgeting as a requirement for local governmental units.
The Kansas Industrial Court, outlawed by the U.S. Supreme Court, was designed as a device for settling labor-management problems.
BUT, DESPITE THESE and other pioneering efforts in government and politics, Kansas is operating in the Space Age under a constitution that was drafted in—and has not been altered substantially since-1859.
There are persons who feels the constitution restricts the state's functioning and should be revised. Others feel the constitution has stood the test of time and needs no over-all revision.
And, basic to the presentation of argument for and against revision—either limited or unlimited . . . by amendment or constitutional convention—is the fact that there is no widespread interest either way.
The constitution of the state of Kansas, known as the Wyandotte Constitution, was adopted July 29, 1859. Its ordinance, preamble, 20-part Bill of Rights and 15 articles comprise a constitution of about 8,000 words.
AS STATE CONSTITUTIONS go, that of Kansas is relatively short. Only six other states have shorter constitutions.
And, as state constitutions go, Kansas' is relatively old. Only 12 states have older constitutions. Twenty-three of the states in the Union when Kansas gained statehood have adopted new constitutions.
Article 14 of the Kansas Constitution provides for constitutional changes by amendment or constitutional convention.
Propositions for amendments first need two-thirds approval of each house. If approved by the Legislature, the propositions then are submitted to the electorate and become part of the constitution upon approval of a majority of the voters.
NO MORE THAN three amendments may be submitted to voters at any one election.
The section of Article 14 on the calling of a convention "to revise, amend or change this constitution" states that two-thirds approval of the question is needed in each house of the Legislature.
Upon legislators' approval, the question goes to voters at the next general election. If a majority of the persons "voting at such election shall have voted for a convention, the Legislature shall, at the next session, provide for calling the same."
Kansans have voted on 71 proposals to amend the constitution. Forty-nine of these propositions have been approved. Three additional amendments will be submitted for voters' approval at the general election this November.
The late Mrs. Frances Sanford Nelson, author of "Constitutional Change in Kansas," a pamphlet published in 1958 by the KU Governmental Research Center, wrote:
"OF THE . . AMENDMENTS which have been adopted, only a handful would seem to represent necessary changes in, or additions to, fundamental law.
"Considering the social, historical and technological changes which have occurred, there can hardly be objection to terming 'fundamental' the amendments which established and repealed prohibition; gave the governor an item veto; gave women the vote; provided for the recall of public officers; permitted a progressive income tax; established a civil service and a modern highway system.
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Redistricting Eliminates 'Deadlock'
Now that the Kansas Legislative Reapportionment Act of 1964 has been upheld by the Supreme Court, the chances of increased revision of the Kansas Constitution seem somewhat increased.
One person who subscribes to this theory is James W. Drury, professor of political science and one who has written on and teaches the subject of revision of the state constitution.
"I think a better apportionment of the Legislature will make it more possible for revision of the constitution," Prof. Drury said, "for now there won't be this business of deadlock on reapportionment."
DRURY IS QUICK to add. however, that the chances of an intensified movement for revision remain remote.
"I think the people of the state of Kansas, by and large, are pleased with their constitution," he said.
"The primary thing is that you have to get the support of a significant segment of people knowledgeable on this sort of thing and who are in a position of political leadership.
"Somewhere along the line, you're going to have to have political party organizations take a stand.
"I JUST CAN'T be encouraged on the possibility of it." Drury continued. "I just don't see revision of the constitution on the horizon in Kansas.
"We've done things piecemeal, so I just don't see a break in past performance now for revision."
Reapportionment is expected to give urban areas greater representation in the Legislature. This is the reason proponents of constitutional revision may derive some satisfaction as rural interests generally have been opposed to revision efforts.
And, too, as Prof. Drury pointed out, reapportionment could guarantee fairer representation of the state in a constitutional convention, should one ever be called. Members to the convention would be named by the Legislature.
BUT, JUST AS a solution to the unequitable representation problem has eliminated a "deadlock," it also may have removed the
Prof. Drury and James E. Titus, associate professor of political science, wrote in a KU Governmental Research Center publication in 1960:
chief motivation of some who advocate revision.
"On the state level . . . the present methods of reapportionment have shown their inadequacy for achieving even a tolerable conformance with our democratic ideal.
"Probably this in itself is the best single argument for changing substantially the constitutional provisions on reapportionment. In turn, failure to arrive at acceptable answers on how to reapportion stands as an almost insurmountable obstacle to constitutional change."
And Drury said in a textbook, ("The Government of Kansas," published by the University of Kansas Press) in 1961:
"Indeed, it seems almost as if major reapportionment is to come only through constitutional revision and constitutional revision only after reapportionment."
-Roy Miller
"It would seem, however, that if the constitution genuinely represented fundamental law and were flexible enough to permit change as society changes, the greater number of the proposed amendments would not have been necessary. . .
"Moreover, most of the amendments are as restrictive as the parts of the constitution which made them necessary, setting up new areas in which further amendments will be necessary if legislators and governors are to be able to carry out the will of the people as that will changes."
SIXTY-SEVEN PROPOSALS for a constitutional convention have been introduced in the Kansas Legislature since its first session in 1861. Only twice, however, was such a proposition submitted to voters. There has been no convention.
In 1880, the proposal for a convention was defeated overwhelmingly, no county giving it majority support. In 1892, only 463 votes separated those for and against the calling of a convention.
William H. Cape, associate professor of political science, writing in "Constitutional Revision in Kansas," a 1958 publication of the KU Governmental Research Center, stated:
"Recent legislatures have considered proposals to call a convention to revise the constitution but the legislators and voters have generally shown little interest.
"THE DECISION AS to whether there is a need to 'modernize' the Wyandotte Constitution by a constitutional convention or by multiple amendments calls for a thorough study of the present document and of the proposed changes.
SECTION B
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61st Year, No. 121
Friday, April 17, 1964
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