| Show Utah Constitution Needs Overhaul This Question Faces Does seventy years ol or successful experience Just justl lie I- I ie continuing confidence In Utah's State Constitution or has the document become oo and rind in need of 1 ex cx extensive ten lve revision This question ques- ques s s- lion tion now b being ing widely ly do- do lintel in Utah Is analyzed In a n Utah Foundation research research research re re- re- re search report released Wed The question of calling a 1 constitutional convention to consider rewriting the state ba basic lc legal document will be Dated before Utah voters voter at atthe atthe atthe the November general election elec dice tion along with seven proposals proposals proposals pro pro- for Individual am- am c to the tion Individual amendments can te to enacted by a major majer majority try ity of those voting In the election Proponents of the calling of a convention base a larg part of their argument on the contention that the pr present present pre pre- sent constitution con contains tal much material that is Js oo- oo solete or that Is detail more morp suited t to statutory than to constitutional law Foun Foundation Foundation a- a tion analysts found Opponents Opponents Opponents of the convention on th the other hand point to the record of nearly three tel'S of a century of successful successful success success- ful operation and assert that while the burden of proof lies tn cn those who propose change chane no substantial case for major rewriting has been made Other specific arguments against the callIng callIng calling call- call Ing of a convention n include the following That That the entire body of If case law which has has' been built up around the existIng existing existing exist exist- ing Constitution which is a 3 major factor in its interpretation interpretation tation and application would be jeopardized If the Constitution Con Con- Itself were extensively extensively extensively exten exten- changed hanged That That modern lobbying techniques techniques' are so powerful and effective that they could make objective consideration of constitutional issues vIrtually virtually virtually vir vIr- vir- vir impossible That That basic constitutional values do not become r fete lete with time and that g gen obsolete material Inthe in inthe inthe the the Utah Constitution can be eliminated and necessary changes can best be toe made through the normal amendment amend ment process On the hand proponents proponents of the convention call caU also present a number of specific arguments In support sup port i of lof their position among among among am am- ong which are That That the existing Constitution ConstItution Constitution Con Con- represents an effort of the 1895 convention to write something acceptable to Congress after seven previous pre pre- attempts to gain statehood statehood state state- hood had been rejected rather rather ra ra- ra ther than a dedicated effort to write the best possible document to meet the specific specific specific needs of the state That That so 10 many changes are needed that only a complete com corn rewriting of the Utah Constitution can provide co co- coherence coherence and unity I That That Utah State Government Gov Coy must bo be materially strengthened if it Is to hold its place In the fact of in- in powerful Federal Government If a constitutional convention convention convention con con- should be called it would be the first such convention convention convention con con- In Utah since statehood state state- hood Forty eight amendments amend ments to the existing Constitution Constitution Con Con- have havo been adopted over over the years more than half of the eIg four eighty four t-four that have been approved by the Legislature for decision by bythe bythe bythe the voters Utah is one of twenty- twenty one states which have their original constitutions still in force Massachusetts' Massachusetts year old Constitution is the oldest original document operative operative operative op op- op- op now Alaska and Hawaii have just had seven seven seven sev sev- en years of legislative experience experience ex ex- with their Foundation n analysts found an apparent relation between between between bet bet- the length of state constitutions constitutions con con- and their ity States with short constitutions constItutIons constitutions con con- tend to have less frequent changes both In Inthe the matter of individual amendment amendment amendment am am- and that of general general gen gen- eral rewriting Utah's Constitution Constitution Constitution Con Con- with approximately words is shorter than the national average average 25 words of state Longest state constitution con con- is Louisiana's with words shortest is Vermont's with the F Foundation und t on reports |
