Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1920-01-29

Amendment by A State Cannot
Be Withdrawn or Changed By
A Succeeding Legislature.
The action of the Governors OF New
York and New Jersey asking the
Legislature of these States to repeal
the resolutions adopted Ivy the form
er legislatures to ratify the 18th
amendment, raises the question of
the legality of such action. Two
states in former years attempted to
defeat a constitutional amendment
by this same method and failed, be-
cause Congress and the courts con-
cluded when State ratifies an amend
ment it cannot recall its action.
The wording Of the national Con-
stitutiun is peculiar in this respect.
1t states that whenever the legisla-
lures of three-fourths of the states,
or conventions ratify the amendment
such action shall be- valid to all in
tents and purposes, and such amend
ment shall become a part of the Con-
stitution.
By the wording of article Y of the
Constitution it will be cited that it
does not say when one fourth of the
states reject the amendment that it
is lost, or whenever the state once
rejects tie amendments that it can
not thereafter ratify it. When the
legislatures of three-fourths of the
states ratify the amendment, it be-
comes for all intents and purposes, a
part Of the Constitution. This word
ing of the Constitution throws much
light upon the procedure which had
been adopted by our courts in con-
struclirg it. For instance the legis-
latures of New Jersey and Ohio rati.
fled the l4th, Amendment. and sub
sequently passed a resolution with
drawing such ratification. When
the question came up to be deter
mined whether the amendment has
been adopted by the requisite number
OF states, both New Jersey and Ohio
We're counted as having ratified the
same, although the ratification had
been previously withdrawn by each
of the states. \
When Mr.. Seward, Secretary of
State, received these certificates say
ing the states had repealed ratifica
ton, he addressed communication to
Congress stating the facts. that if
these states were counted as ratifying
the amendment was adopted Other
wise it was defeated. On the follow
ing day Congress passed concurrent
resolution that the following States
including Ohio and New Jersey had
ratified the 18th article of the amend
ment to the Constitution. Following
this. Secretary Seward issued another
proclamation ordering the amend
ment to be published in the news
papers in which he certified that the
said amendment has become valid
to all intents and purposes and is
part of the Constitution of the United
States.
The theory of Congress and our
courts is that the Constitution re-
quires adoption in toto and without
condition. James Madison Jr.. in
reply to communication from AL
exander Hamilton said:
An adoption for a limited time
would he as defective as an adoption
of the articles only. In short, any
condition whatever must vitiate. the
ratification. What the new Congress
by virtue of the power to admit new
states, may be able and disposed to
do in such case, / do not inquire, as
/ suppose it is not the material poin
at present. The idea of .reserving~ a
fright to withdraw was started at
Richmond and considered as a con-
ditional ratification which was self
abandoned as worse than rejection"
This theory is further corroborated
by the holding of the courts that when
state has once rejected the resolu-
ton passed by Congress, it may after
wards ratify the amendment. In the
case Of the 14th amendment the
States Of North and South Carolina
originally rejected the amendment