Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 230

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 230

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: clearly emphasized when we consider their force and effect after being adopted through the initiative, as provided by the Constitution. A legislative act, as distinguished from a_ constitutional amendment which 230 Sup--23 is adopted through the initiative, has only the force and efiect of a statute enacted by the Legislature, and is subject to and may be repealed by the lawmaking power-the Legislature; but when an amendment to the Constitution is adopted by the same method. that is, through the initiative, its force and effect is entirely of a difierent nature and character for the reason that it is not subject to and cannot be repealed by the Legislature. A constitutional provision or amendment applicable to redistricting the senatorial districts of this State simply points out a plan or method for such redistricting, and prescribes permanent rules and principles for carrying out such method or plan. On the other hand, the matter of actually redistricting is a subject of a very temporary character. It is well known that population forms the basis of fixing the boundaries of senatorial districts, and these districts must be altered and changed in harmony with the changes that are constantly going on in population, and it was never contemplated under our present constitutional scheme to incorporate as a part of the permanent and fundamental law of the State a provision which must of necessity demand frequent alterations and changes. The petitions themselves as presented to the respondent clearly indicate that the socalled constitutional amendment is nothing more nor less than a temporary legislative act. After pointing out the respective counties that shall constitute the senatorial districts, it expressly avers that "this...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • English
  • Illustrations, black and white
  • 1236966252
  • 9781236966254