The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-07-31
FEDERAL CONSTITUTION
SUPREME LAW OF LAND

Due 70 the legal points raised re-
Kafdlng the conflict OF the state and
federal constitutions with relation TO
the passage OF the Nineteenth federal
conatitutionaiity of Tennessee's ratifl-
n cation OF the federal suffrage amend
f1ent delivered by Hon. Frank Nj.
Tlcrapson, attorney-gene-a OF the state
or Tennessee. has been mailed by the
ratification committee to every mem
bcr Of the Tennessee legislature. the
opinion was accompanied by the fol-
lowing letter from Mrs. Carrie Chap
man Gait. president of the National
League OF Women Voters:
IN Open Letter 10 Tennessee Legislators
NY Dear Sir-Certain members OF
the general assembly have expressed a
fear lest a vote to ratify the federal
suffrage amendment may be VIOLA
ton OF their oath to uphold the Ten
nessee constitutions Realizing that leg
isiators are busy men, L venture to lay
before you few facts.
Every legislator of very state takes
an oath to uphold two constitutions, a
federal and a state constitution. The
obligation to support the federal Consti-
tes.on (article 6, section 81 and the OBJ
liRation TO support the Tennessee Con-
stifution is found In its own article 10.
section 2. The obligation to support one
constitution foresaw the embarrassing
themselves when and II the two con-
stitutions should be at variance. Mani
testify, were no provision made to meet
that situation, legislators would be
driven to choose which one of two
equally binding oaths they would vio-
late.
The provision which always has and
Away, will save legislators from this
unfortunate possibility. is found in ar
ticle 6, section 2, of the federal Consti-
tuition.
"This Constitution shall be the SUI
preme law OF the land. and the judges
IN every state shall be bound thereby,
anything IN the Constitution or laws OF
any strife to the contrary notwlthstand-'
inp."
That is, In all matters of conflict be-
tween the federal and any state con-
stitution, the federal Constitution takes
precedence. and no legislator violates
his cath to uphold his state constitution
when he votes In accordance with the
Instructions OF the federal constitution.
III other words, the federal Constitu-
ton nulIIfies all provisions in any
state Constitution which conflicts with
Il. II Is as though II had never been
written.
h there conflict between the fed
eral and the Tennessee constitutions?
Yes. The federal CONSTITUTION provides
for It's own amendment and that method
can only be altered by direct amend
ment OF the provisions itself. No state
Constitution can take away. add to, or
vary. by the slightest degrees the
method. therefore, 1t Is already nullf-
field by the federal Constitution.
Every decision ever made by the su-
preme court OF the nation has sustained
the uniyersality OF this ever operative
rule Tor adjustment of the differences
between state and federal constitutions;
that is, the state Constitution gives way
and the federal remains as always the
suprapse law OF the land. -
II 10 mot often that the constitution
aiity OF a proposed action is supported
BY such unanimity of legal opinion rs
Is the case In question Atty-Gen.
thompson has rendered TO the governor
Of the state an opinion on the point at
issue and clearly showing the right OF
Tennessee legislators to vote for rati-
fication; copy OF the full text OF that
opinion Is enclosed.
Acting Federal Atty-Gen. Frierson
has rendered an opinion to the president
OF the United States arriving at the
same conclusion. Charles Il. Hughes,
counsel for the National American
Woman Suffrage association (the only
ex-judge of the federal supreme court
and respected by all as a great consti-
futionRl lawyer. has also prepared an
opinion leading TO the same conclusion.
am confident that no legislator will
hesitate to support this amendment II
he will take an hour to carefully look
over these authorities.
CARRIE CHAPMAN GAIT,
President National American Worhan's
Suffrage Association.
Hermitage Hotel, Nashville, July 20,
1920.