Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-08-07
Prohibitoly Decision
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the ratification thereof the manu-
facture. sale or transportation Of in
toxicattng liquors within, the i'm
portation thereof into. or the exporta-
ton thereof from the United States
and all territory subject to the
jurisdiction thereof. for beverage
purposes is thereby prohibited.
. This amendment. thus adopted by
joint resolution Of Congress. was
proposed to the Legislature Of Maine
of 1919 for ratification and was rati-
fed by joint resolve Of the Senate
and House of Representatives, the
concluding paragraph. after reciting
all the preliminary steps. being Of
the following tenor:
Therefore, Resolved that the
Legislature Of the State Of Maine
hereby ratifies and adopts this pro-
posed amendment to the Constitution
of the United States. And that the
Secretary Of State of the State of
Maine notify the Secretary Of State
OF the United States Of this action Of
the Legislature by forwarding to
him an authenticated copy Of this
resolve"
Petitions apparently bearing the
requisite number Of signatures hav-
ing been seasonably filed with the
Secretary of State, requesting that
this resolve be referred to the people
under Amendment XXI of Article 4
Of the Constitution of Maine, known
as the initiative and referendum
amendment. the question is now
asked OF the justices whether this
Joint resolve of the Legislature of
Maine. raufying an amendment to
the Federal Constitution proposed by
and duly submitted for ratification
by the Congress of the United States
is subject TO the provisions Of
amendment XXI, and therefore
must be referred to the people under
the facts existing in this case.
Answer.
This question we answer in the
negative. In our opinion this re-
solve does not come within the pro-
visions Of the initiative and referen-
dunn amendment, and cannot be re-
ferred to the people for adoption or
rejection by them. The ratification
Of the proposed amendment to the
Constitution Of the United States
was complete. final and conclusive,
80 tar as the State Of Maine was
concerned. when the Legislature
passed this resolve.
Our reasons are as follows. The
subject matter Of the action of the
Legislature under consideration is
proposed amendment to the Constitu-
ton Of the United States, the pro-
posal and ratification of which are
wholly governed by the provisions of
that Constitution. Those provisions
are clear and explicit. They are as
follows:
Art. v. The Congress. whenever
two thirds of both Houses shall deem
1t necessary, shall propose amend.
ments to this Constitution, or, on
the application Of the Legislature of
two-thirds Of the several states. shall
call a convention for proposing
amendments, which, in either case,
shall be valid to all intents and pur-
poses. as part Of this Constitution.
when ratified by the Legislatures of
three-fourths Of the several states,
or by convention in three-fourths
thereof. as the one or the other
mode may be proposed by the Con-
greSS ."
This article was a part Of the
original Constitution of 1889, and has
remained unchanged to the present
day.
1t will be observed that there are
two distinct stages in the process.
tPe proposal and the ratification. The
proposal may originate in either of
two ways:
First. from Congress by Joint
resolution whenever two-thirds of
both Houses deem it necessary.
Second. from the states whenever
two-thirds Of the Legislatures of the
several states may request that a
national constitutional convention be
called for that purpose, in which
case Congress must call such a con-
vention.
All the Federal amendments which
have thus far been adopted have been
proposed In compliance with the first
method. that il by a joint resolution of
the two houses Of Congress. No Ma
tional Constitutional convention has
ever been called or held. Such pro-
posed amendment is a matter within
the sole control Of the two houses, ana
Is independent OF all executive action.
The signature of the President is not
CENEN DADKC