delegates at any constitutional conven-
tion; and see Staples v. Gilmer,14 where
the Supreme Court of Appeals of Vir-
ginia reasoned that a constitutional
convention is an agency of the people
to exercise the sovereign power of the
people.15
The authors of leading texts in this
area,16 while differing on questions
calling for a close analysis of the sources
of power in a republican form of gov-
ernment, all agree that the delegates to
a constitutional convention must be
elected.
Jameson, one of these authors, states:
"[The] members [of a constitu-
tional convention] must be elected by
the body invested with political func-
tions, the electors, or by some deter-
minate portion of it, in conformity to
the laws and customs of the common-
wealth. . . . [Although, strictly
speaking, delegates should be chosen
by the entire electorate, yet were the
legislature ... to limit the right of
voting for them to the electorate less
certain designated classes of people
deemed unfitted . . . such action . . .
would be less objectionable than ac-
tion which should extend the right
beyond the electorial circle."17
See also Section 262 (b) I18 where the
discussion in effect points out that be-
tween 1783 and the present (1887) all
delegates to virtually all constitutional
14 183 Va. 613, 33 S.E. 2d 49 (1945).
15 Compare Wells v. Bain, 75 Pa. 39
(1873).
16 J. jameson, constitutional conven-
tions (4th ed. 1887); W. dodd, revision
and amendment of state constitutions
(1910) ; and R. hoar, constitutional con-
ventions (1917).
17 jameson, supra note 16, at 258, § 260.
18 Id. at 260.
358
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conventions have been elected by some
group of voters; and Section 263. 2 19
where the discussion points out that to
the extent information was available the
same was true for the period from 1775-
1783.
With respect to the Georgia Conven-
tion of 1788, which was elected directly
by the legislature, Jameson had this to
say:
"In substance, then, it was the leg-
islature, taking upon itself the work
of remodeling the Constitution, from
which it derived its existence and its
powers — a blending of functions
which is never permissible under our
constitutions, and which has the sanc-
tion of no respectable authority. The
body was, therefore, not legitimate as
a Constitutional Convention."20
Jameson argues that a constitutional
convention is subordinate to the legis-
lature. Dodd argues that a constitu-
tional convention cannot be restricted
by the legislature, but is an independent
coequal organ of the state.21 Hoar
seems to agree with Dodd that a consti-
tutional convention is an independent
organ of the state which must be free
from interference from the several de-
partments of government.22 But each of
these text writers, while not dealing
directly with the question at issue here,
makes it clear that they assume all dele-
gates are to be "chosen by the people of
[the] state."23
What modern authority there is as-
sumes that the delegates to constitu-
tional conventions will be elected by the
19 Id. at 262.
20 Id. at 136, § 149.
21 dodd, supra note 16, at 80.
22 hoar, supra note 16, at 80.
23 dodd, supra note 16, at 79.
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