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Show Proposed Constitutional Amendment On Legislative Re-apportionment EDITOR'S NOTE This is the second of a series of articles pertaining to the proposed constitutional con-stitutional amendment on re-ap. portionment to be submitted to the voters of Utah next November: Novem-ber: FOUNDED ON PRINCIPLE OF REPRESENTATIVE GOVERNMENT One of the vital points of strength of the United States government is the fact that it is a representative republic and not a true democracy. Our National Na-tional Congress is composed of a senate, with its senators elected elect-ed from each state for a period of 6 years each, and a house of representatives, each representa-tative representa-tative being elected for a period of 2 years, and the number being be-ing based upon population. The senate is purposely constituted as a conservative body, being not amendable to the immediate will of the people, and having responsibilities primarily related relat-ed to such conservative character. char-acter. The house is set up purposely pur-posely to be more responsive to the will of the people. Thus, there is brought into the legislative legisla-tive process the principle of check and balance which can only be achieved in that manner, man-ner, and the people are thereby protected against the potential tyranny of a temporary majority. major-ity. Likewise the people numerically numer-ically are given equal representation represen-tation through the house of representatives, rep-resentatives, while the state individually, in-dividually, irrespective of population, pop-ulation, are guaranteer equal representation through the senate. sen-ate. There is great similarity in the relationship between the states and the federal government govern-ment and between the counties and the states. If anything, the counties of the State of Utah are even more inviolate from change by legislature than are the states free from possible ohange on the part of the Congress. Con-gress. The Utah legislature did not establish the boundaries of the counties; such boundaries were established by the Constitution Consti-tution itself, and the legislature has no power to change such boundaries. In this connection, the Supreme Court of Utah in the case of Summit County vs. Rich County, 63 Utah, 194, has held, that any act of the legislature legis-lature attempting to' establish a new or different line with respect to a county without regard re-gard to original intention of the Constitution is unconstitutional. Amendment IX, a part of the Bill of Rights, of the Constitution Constitu-tion of the United States, specifically specifi-cally refers to the rights retained retain-ed by the people, despite the enumeration en-umeration of rights in the Constitution. Con-stitution. The Constitution of the United States Article V, provides that no State without its consent shall be deprived of its equal suffrage in the Senate, and in Article IV, Section 4, it is provided pro-vided that "The United States shall guarantee to every State in this Union a republican Form of Government." The surest way to guarantee a republican form of government for the State of Utah, and to insure the exercise of the peoples rights in the manner man-ner intended by the founding fathers, is to pattern our state government after the form of government set up for the United Unit-ed States of America. It Would Assure Adequate Representation and Protect Against Regional Control Some have mistakenly alleged that the proposed amendment would place control of the legislature legis-lature in the hands of a minority minor-ity of the population. Such a charge is utterly unfounded. The protection against such eventuality lies in the guarantee guaran-tee that members of the house of representatives shall be elected elect-ed on the basis of population. No measure can be enacted therefore, without approval of representatives of a majority of the population of the state. It is true that the amendment amend-ment would make it possible for senators representing a minority min-ority of the population to prevent pre-vent the enactment of legislation. legisla-tion. However, this is likewise true of the states under the Federal Fed-eral Constitution. The following comparisons show the relative operation of the Congress under the Federal Constitution and the Utah Legislature under the proposed amendment: Under The Federal I Constitution 5 of the population of the U. S., represented by senators from 13 of the 48 states could prevent the passage of a constitutional con-stitutional amendment. 18 of the population of the I U. S., represented by senators from 25 of the 48 states, could prevent the enactment of a law. Under the Proposed Amendment to The Utah Constitution 4 of the population of Utah, represented by senators from 10 of the 29 counties, could prevent pre-vent the adoption of the constitutional con-stitutional amendment. ' 8 of the population of Utah represented by senators from 15 of the 29 counties, could prevent pre-vent the passage of a law. Bearing in mind that affirmative affirma-tive legislation can never be enacted en-acted by representatives of a minority of the people under the proposed amendment, what danger is there in permitting the condition outlined above? Such a condition certainly has not operated to the detriment of the people of the U. S. with respect to the Federal Constitution. Constitu-tion. As an example, what would be the fate of the Colorado Colo-rado River Project before the Congress of the United States, if, instead of two senators from each state, the states were represented rep-resented in the senate solely on a population basis?. On a population popu-lation basis it would require the senators from the Western States exclusive of California to equal the number of senators from the State of California. Where could we look for development devel-opment of the vast natural resources re-sources of the Western States if the states were not adequately represented in the senate? Where can we look for adequate representation of the rapidly developing de-veloping natural resources of the State of Utah, in the isolated isolat-ed areas of this state, unless, such areas are adequately represented rep-resented in the state legislature? Without the danger of affirmative affir-mative control by a minority, under the proposed amendment, what do the opponents of the measure ,fear? Would they propose pro-pose that the state senators be apportioned purely on a population popu-lation basis, as the house of representatives? rep-resentatives? If that is the desire, de-sire, why have two houses of the legislature? If both houses of the legislature were to be apportioned ap-portioned purely on a population popula-tion basis, it is apparent that 3 counties, namely, Salt Lake, Weber and Utah Counties - affirmatively control all tion, and Salt Lake Co alone could effectively w": the passage of any constitute al amendment. " Its Practical Effect Would Be Wholesome And Beneficial It has been alleged that ft proposed amendment is ur.-'-: by those who would pit the m al sections of the state aai-- ' the urban areas. It should "t ' borne in mind, however f" before this resolution was'ad;-' ! ted by a vote of 45 to 11 m House and 16 to 7 in the S'-' : ate, a thorough study of of'--"- possibilities was made, incV' ' ing surveys by the Utah Ll ) lators Council, the Departae-': of Political Science, U. of T I and numerous proposals ty members of the Legislature a:S j private citizens. After the Le:' r islature had rejected all of thes suggested solutions, three-fourths three-fourths of the House and tv, thirds of the Senate approve: 8 this resolution. This was actc- 1 plished after the propos::::; had been discussed and deba:e: by Legislatures since 1941. 1: is also apparent that the S:;:; j of Utah cannot simply be vided into two classes: rzi and urban. There are some ?:: T tions of some of the cor ? which may be classed as e!::;: a rural or urban, but on i v whole the activities and re;::- w ces of the state are corr.:: .: diversified from timber to anium, from dairy ca!:'; : g poultry, from alfalfa to ;,- ft beets, from steel proces; : : paper box manufacturing.:: 0 recreation to wildlife. C2 c the existing apportionme:.:, ::: c example, one of the se:r Sl represents all of the fol!:" ,p; counties: Sevier, Piute. Wa;"-: kj Garfield and Kane. This L; : vast area of diversified and ( idly developing resources. I : Mi apparent that one ke'" in would have difficulty in fe- La iarizing himself with all of needs of ' the entire area so att to represent adequately all . mo counties. jul A senator from each cor: Bn would be more fully pre? llT to know the needs of his cot J and to act in such a way a; an protect and advance the est thereof and to insure - . development of that section- atte the state. The overall w thereof would be a whote- -w healthy,' steady growth " velopment of the entire - of the State of Uteh |