Show Information Series More Questions and Answers About Utah Constitutional Propositions The following article is the second of a series reprinted by bythe bythe the Express from the revision question and an an- an answer pamphlet compiled by the League of Women Voters of Utah The purpose of this series is to provide Express readers with wilh information and a more mare complete understanding of the proposed constitutional changes to be decided in the upcoming November elections Constitutional Principles The Constitution and Need For Re vision Question 1 1 What should a constitution contain It is generally agreed that the ideal constitution should ex ex- ex express press only fundamental law lauW as contrasted with statutory law law Generally speaking fundamental tal law Is that law which h is bas bas- basic ic ic has wIdespread acceptance and aDd rarely needs change Sta law iss is that law which deals with the emerging social economic and political problems lems of the state and needs fre Iret quent change Statutory law i is passed by the legislature under the principles of fundamental law as established in the con The functions of a tion are 1 To protect the people in inthe inthe the exercise of their liberties This is the section known as the Bill of Rights 2 To establish the structure of government 3 To define the powers of government and nd th the principles under which the the government shall operate 1 4 To provide for a method of changing the fundamental law I Question 2 What is wrong with the Utah Constitution I 1 1 The Utah Constitution is ri ri- ri rigid gid It is filled with details that should be left to statutory law a The metric system shall I be taught in the tha public schools b The Utah State Fair must be located in Salt Lake Lale City e C Six pages of details on state finance taxation debt limitations These pages have already been been amended two twenty times in an effort to adjust to chang ing conditions The end result is that we spend mu much h of our time lime trying to devise ways and means to circumvent the Con Con- Constitution I For or example to n fi- fi finance nance a water project we must mustI I set up special districts for tax tax- log ing and bonding as a way of bypassing the limitations in the Constitution The end result is higher taxes and increased ad ad- ad administrative costs 2 There is need of oE the governmental structure Many structural details of local aDd and government are confusing conflicting Those of oC the stat state government need study and reo re- revision vision to promote greater effigy effi This is true of all three branches 3 When the utah Constitution was written Utah was a rural state Utah ha had largely changed to an urban society As a result new problems have arisen which could not be Core foreseen seen by bythe bythe the framers of the Constitution school I-school school problems financial problems economic problems tc tc The Constitution should be adjusted to fit modern day needS need 4 The Utah Constitution con contains two provisions which are arc federally unconstitutional 1 1 Article IX IX which deals with legislative apportionment and nil 2 Article III which was was di die die- by the United States Con Corio Congress gress utah's Utah's Constitution was wasa 8 patchwork rIt document fn its gInning It was largely dictated by a hostile Congress and was wasa wasa a combination of the constitutions tins of Nevada and Washing Washing- Washington ton and sections of the Federal I Territorial Act of Utah Article III an ordinance dictated ver by Congress has for its I opening sentence The w ng ing ordinance shall be 7 irrevocable cable Without the consent of f the thi United Stat States s and the of I this state ata te This sent sentence nce is clearly unconstitutional under the federal constitution Who Who ther one fe feels ls that t the of Article III HI be e kept or not certainly no one one wishes to keep the one sentence clearly Unconstitutional which reflects the thinking that the people of utah cannot be trust trust- Jd d to run their own internal affairs and makes Utah some thing less than a sovereign sta state te Question 3 Can Article III be changed and the objectionable wording dropped Yes Article III can be amended In fact it has already been amended A Supreme Court decision Coyle v Smith 1910 said While Congress may attach at ach a provision as a condi Lion tion of of admission n as a a state state- once that state becomes a full fledged state it is s entitled to sovereign sO power over its inter nat nal affairs There cannot be dif dif dif- different ferent amounts of sovereign power Hence after afier a State is admitted It possesses complete control over local affairs re re- re regardless of the price of oC sion Que Question tion 4 If the present Utah Constitution was largely dictated by Congress why was it adopted Utah spent nt many years try try- Continued on page 10 I W VA WY LM V Y w N pro Pru s 1 Jt Continued from pa page e 9 tog Ing to 1 statehood To put it quite the people of Utah wanted to join the Union but the Union did not wont want a sister tt lt populated by a at t r l e eon Union believed ed to t bc i with with organ ty It took tK Utah nl al I tn most st Sl years and seven n con conventionS convention'S before the Unon agreed fo 10 accept I Utah Tt first convention wrOte what tnt is 1 known uto as the Constitution of If the State of Des De I I cret ret in bait It n a good con hon 1 broad r ad ai 11 flex more ible-more closely resembling the Constitution of o the W p United States State It an excellent Bill pf f I freedom ot re gion of Opp rl B was lOf not p d o use the Pes et and after seven enl attempts gained hood by b l accepting 3 the present li t I r 5 S r fg ther there good goat nb about ut our our Utah Yes there are many good things s b ut For one thing it has an n e excellent bill or of rights It If th the s v r ty of ibe the o supremacy macy of the t d kAl r rUt l Ut has a alo lo Itt governors governor's governor t term rm the Item v veto to on and anda a at numb number r of ot oter er commend able There is b no ren- ren rensol rea sol soli tl in se these things would be discarded Qu G 6 The United United States Is older lder than the Utah Constitution Why then does d es tae Utah Utan document need updating it if the United States Slates Constitution does not The federal constitution is brief simple and flexible Its hu has made it a living breathing able to ad just to 0 changing times since do de left to tails are lQ Congress es ta lish through statutory law Utah's n Is very ape and limiting in its lan Ian gua ge The naU national n l constitution lt 1500 words The Utah ah constitution contains contI 17 V W wW Go 11 The United States Constitution was written in 1787 and became the law of the lan land In 1791 Dy By 1961 1901 It had been amended tweet times with amendment In the process of ratification at the present time The first ten of these w were re the addition of oC the Bill of Rl Rights ht I By contrast Utah's Constitution r 1 5 bt law on January 4 1890 To date it ha has been amended lit times time and there are Ere seven cv n amendments on the ballot in the November election I Question 7 flow does Utah'S compare with other states I has the longest state constitution with h words California's constitution contaIns about 7 words Both states state now have commis lions studying th their il constitutional problems Vermont has the shortest constitution with words Vold The new lions in states which have reo re revised theirs are for the most part short documents The Utah document i iS about average in length Since ince the majority of the he states have con con- constitutional problems total word wOId count is not always a 11 good basis for Judgment Since 1938 there have been eight states which have adopted new constitutions T are arc in the process process of revision To say that Utah's c Its is overage is really ant an that It needS need re- re revisIon visIon since it Is generally generall ae- ae cc t d today that the average state stute constitution badly needs revision Question 8 Isn't It drastic and radical to change chango our cur Con Con- Constitution The The- men mn who framed our Constitution did not view the document they had written lis as something sacred and un un- un unchangeable changeable Hence provision was made for Cor changing It both by massive revision and the amending process The right of the people to change their fund law is part of f the American heritage There have we been approximately tu l nal conventions In this country 9 If there is a need tor Ufo convention why are arc w rw r w- w wv v w w there amendments amm menh en cn th ballot Isn't this Just doIng the job id twice ice The questions on the ballot were considered urgent mat tors tel's that could not wait wail Also if they pass it will be direction from the people to the conven- conven convention convention tion delegates There is no seas on to belle believe that Hie they will trill later be changed tir fh ments ments on the ballot In Novem Novem- her bel pass wont won't that solve the problems The amendments on the tho hal th lof 10 ar are only II a first step The convention process is long and it chang es Cs some somer fundamental law It therefore requires careful stu dy A convention can study all the constitutional nal articles thor thoI There are arc no changes on the ballot pertaining to Ii ff ranee nance electIons the judiciary etc dc These articleS also warrant careful review This Is not an either oither or pro proposition Question 11 How Clin we be sure that a new Constitution will bonny better than our pro pre sent one No one can look into the tho fu fu- fu future ture and foretell exactly what the new Constitution will be No Noone one however should e expect an Ideal document since it willi willibe will be bea bea a compromise between the vary var ious interests of the state How How- However ever there would be an im im- im improvement provement over the present one Such has hns been the record of conventions through the years and particularly of those held in recent years Question n 12 Would 8 a new Constitution be lIkely to mean an Inci ase in iii faxes In a constitutional conven tion the entire section which deals with finance and taxation would be thoroughly reviewed to find the best solution to Utah's financial problems The tax structure could be revised to provide adequately for the states state's needs without resorting to the present procedure of add log Ing one tax on top of another or 01 setting up of special tax dis- dis districts Provisions for more ef ef- ef efficient frameworks for aU all three bran branches h s might well save large sums of money Question 13 Would a 11 new Constitution be likely to mean ww wow Yv ww a decrease po in tares taTes i iNo No one OM in this Joy day and age con can promIse a decrease In tax es Certainly We could hope hOI for Improvement in state finances A revision in our government procedures should bring us bet tel ter services for the same amount of money There is il evi I dence however ho that som some Y h IY 48 hot costs of certain departments department by constitutional revision Missouri officials estimated that reform In the Revenue Department has I resulted In a saving of 1000 annually New Jersey had hada a similar experience experience- with the resultant changes in her court organization Question 14 Isn't most of the trouble tha that we have the people in office Government can ho be compared to your car Sometimes it stalls or doesn't operate properly Now the tho trouble may be the driver r or Jt ft may be the motor or It may be a combination Wo We believe that part of the trouble is in the motor the Con For Fot Instance the Con Con- Constitution requires that ev every ry bill r regardless ss of l length lie be read aloud three times before passage by the tho Legislature Legislature- and this thi's In spite of the fact that printed copies are arc on ev cv- Y vety I Iery ery t desk I Question 15 Wont Won't It be cult for the citizens to vote In on a pl complete revl lion sion of the Constitution Th The oters will actually leave ht leavea a a great t deal of Information on which tp base their final judg mont ment on constitutional revision The attention of the whole stat state wro tt jt i ut ta wen tion du duffing ing the time it mI LM Is In session there wm will be extensive radio newspaper and television tele coverage CO In other states siMes whore where I there have been ton at af tet ter adjournment the delegates in public meetings throughout the state Civic I groups will also participate In furnishing ng information 1 vot ts in the he United Stales s shave have been making decisions on constitutional questions for years ears Since the educational Ie le- le leeel eel vel of the people has risen steadily Utah voters in in 1968 will be even better prepared than their ancestors utah has hns Brie orie or of the best educated groups of citizens in the nation If peo- peo people people in Missouri New Jersey Michigan and other other states vere were able to fo make these dt decisions elsi ns Why shouldn't the samo some be true of Utah Question IG 16 A substantial w- w body of case ta f lat has haq been b n hit built hitup up b by time the courts cot around the ex ex- ex existing Con Constitution If the Con Cn it rc ont this entire body of case case law be jeopardized d This has not proVen to be a em in other states There are always tr transitional provi in every vry new constitution Or gJ I mission included in It its proposed Nl Constitution n a that all Statutory ty type laws laces Hiat that l lied nd been in the old Constitution should hould remain ct until the Legislature made change s Pro visions are Arc Usually c as- as surfing suring that r bonds etc issued under the theold old Con Will be be- honored In addition 1 1 a v Is good it will will undoubtedly be kept in the revision If if belt be case law has probably pointed up the need for change Such is tM the tt the c Board of Examiners Furthermore what valuable case case law could have c developed aroUnd s such ch details M as the that justices of the peace p a e are paid ld Ii a s salary t be be to keep the fees Cees they collect What valuable ease case la law will be lost by a structural change where an ele elective tive office b be comes appointive |