Daily Kennebec journal., 1919-12-08
Editors Letter. Box
Referendum on Suffrage Ratification
Editor Kennebec Journal:

~ SSSs O/e
Referendum on Suffrage Ratification?
Editor Kennebec Journal:
| In the last issue of the Woman
Patriot" the mis- named official or
gan of the suffragists the editor
takes occasion to state that the deci-
sion of the Maine Supreme Court
upon the Prohibition Amendment
| referendum" may or may not affect
! a suffrage referendum" and goes on
to say, In fact, the Maine Supreme
Court upheld the referendum against
presidential Suffrage" and may
follow the example of Ohio in up
/ holding a referendum against the
suffrage ratification"
! The statement shows such a lack
of comprehension Of the decisions of
I the Supreme Court that it seems
not irrelevant to review a Bit that
decision as we'll as the decisions of
other authorities upon the same
+ question.
| To go back a bit. in 1867 Ohio rat
ified the 14th Amendment and the
next legislature in 1868 passed
resolution withdrawing that ratifi-
cation because three e-fourths of the
states had not ratified it. In 1866
New Jersey ratified the same Amend
ment and in 1868 withdrew its as
sent" for the same reason
Mr.. William H. Seward was Secre-
tary of State and held that. IF the
resolutions Of the Legislatures Of
Ohio and New Jersey ratifying the
aforesaid amendment are to be
deemed as remaining of full force
and effect notwithstanding the sub
sequent resolutions of the legis-
latures of those states which pur-
port to withdraw the consent Of said
states from such ratification, then
the aforesaid amendment has been
ratified in the manner herein before
mentioned and so has become valid.
to all intents and purposes. as part
of the Constitution Of the United
States"
The proclamation was issued on
July 90. 1868 and on the following
day Congress passed a concurrent
resolution that, "the following
states. including Ohio and New Jer-
sey having ratified the 14th Amend.
ment =" it is hereby declared
to be part Of the Constitution of. the
United States
This resolution is an expression ~,
declaration by Congress that a state
has no power to rescind its ratif-
cation OF an amendment to the Con-
stitution.
In July. 1888. James Madison wrote
to Alexander Hamilton in regard to
this: My opinion Is. that a reserya-
ton of right to withdraw -. .
|, Is a conditional ratification. The
constitution requires an adoption in
toto and forever. An adoption for a
limited time would be as defective
as an adoption Of some of the arti-
cies only. In short any condition
whatever must vitiate the ratifica-
| ton"
His opinion was that affirmative
action having been once exercised
by the legislature. it must stand for
all time and could not be affected by
any subsequent legislation.
Chief Justice Marshall held. '1f an
act be done under the law a succeed.
ing legislature cannot undo It. Tho
past cannot be recalled by the most
absolute power"
The underlying principle seems IN
be that where the result of a vote
has been negative it Is the same a.
,nousn no action had been taken.
II 1t Is affirmative. 1t exhausts the
power under the right to vote and is
hnal. In the cases cited both Ohio
and New Jersey had voted in the ar
nrmative and so could not recon.
! slider their votes.
Our Supreme Court held that a
ratlncation OF a Federal Amend
ment cannot be referred to the neo-
pie" peo
The Justices declared that "rbe
state legislature in ratifyinr The
Amendment. as Congress in propos-
ing 1t. is not, strictly speaking. act
ing in the discharge Of legislative
duties and functions as a law making
BODY but is acting in behalf Of and
as representative Of the people as a
. ratifying body under the power nv.
pressiy conferred upon it by Article
OF the Constitution"
A well known authority on con-
stitutional law has said, "Whether
an amendment is proposed by Con-
gress or by convention it is ratified
or rejected by the representatives az
| the people either in Legislature or
convention and not by the people
voting on It directly. The people
have no direct power either to pro-
pose an Amendment or to ratify jt
after it is proposed and submitted"
Watson. Con. Law. Vol 2. p. 1910.
Que supreme court held further.
that. s"even If the people of Maine by
adopting In 1908 the initiative and
referendum amendment o four State
constitution had attempted to as
sumo or regain tho power Of rat.
idcsston Of proposed amsadments tv