The first state constitutions adopted in the respective colonies being revolutionary in their character had no basis of legal authority, and rested on the general consent of the people evidenced by their acquiescence in the authority of the governments established under such constitutions. Those adopted prior to 1780 were not submitted to popular vote, but went into effect on the authority of the legislative bodies existing in the colonies, and assuming the revolutionary prerogative of declaring independence and establishing a state government. Many of those subsequently adopted went into effect in accordance with provisions found therein for their submission to and adoption by vote of the electors in the respective states.

Provision is usually made in state constitutions for their amendment and for the substitution of another constitution in due and legal form, and any changes thus made are not in their nature revolutionary so far as the prescribed methods of alteration or substitution are pursued. Whether such amendment or substitution is effected by legislative action in the submission of amendments or new constitutions, to be adopted by popular vote, or by the action of constitutional conventions proposing amendments or new constitutions to go into effect on adoption by popular vote, the ultimate authority of constitutional provisions is now assumed to rest on the action of the people exercising sovereign power. (See above § 6.) Nevertheless it is evident that even in this exercise of power the people do not act as a whole, but through their representatives in the legislature or the constitutional convention, and the voters who exercise the power delegated to them of thus acting, so that even the power of constitution making is discharged in the exercise of a delegated rather than an original sovereign authority; and unless the provisions for amendment or substitution are complied with, the new constitution will be revolutionary in its nature, that is, will rest on general assent and not on legal authority. But even though revolutionary, such an amended or substituted constitution will be valid and binding so far as the acts of any department of government authorized by it are exercised under its authority. If, however, the question arises whether an amendment or a new constitution has been lawfully adopted, and that question is to be determined under the authority of the pre-existing constitution, then, unless the proper steps have been taken, the amendment or the new constitution cannot be recognized by the government existing under the previous constitution. (Koehler v. Hill.)