Woods’s Appeal

Issue: - Whether a “convention” can take the sovereign right of the people to ratify or reject a constitution;
Ruling/Held:
- NO. A convention has no inherent rights; it exercises powers only. Delegated power defines itself.
To be delegated it must come in some adopted manner to convey it by some defined means. The
right of the people is absolute in the language of the bill of rights, “to alter, reform or abolish their
government in such manner as they may think proper.” The fallacy is in that the convention and the
people are identical. “When a people act through a law the act is theirs, and the fact that they used
the legislature as their instrument to confer their powers makes them the superiors and not the
legislature.” This then identifies the people as superior over the convention.

In conclusion, we find nothing in the Bill of Rights, in the vote under the Act of 1871, or the
authority conferred in the Act of Í872, nothing in the nature of delegated power, or in the
constitution of the convention itself, which can justify an assumption that a convention so called,
constituted, organized and limited, can take from the people their sovereign right to ratify or reject a
constitution or ordinance framed by it, or can infuse present life and vigor into its work before its
adoption by the people.

FLORES, RICHARD NEIL J.

JD – 1A