New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-08-25
William Howard Taft
Discusses =.
Nineteenth Amendment

TO the several states unless such con-
ventlon or general assembly shall have
been elected after such amendment is
| submitted"
The ratifying Tennessee Legislature
was elected before the present suffrage
resolution of Congress was submitted
to the states. Fortunately Cor all, the
! question thus raised would seem tc
have been definitely settled by unani.
nous judgment of the Supreme Court
IN case which cannot be distin.
guished in principle from this one. II
arose in respect to the ratification OF
the Eighteenth, or prohibition, Amend,
ment
Precedent in Ohio Case
The Constitution of Ohio provides
that action of the Ohio Legislature in
ratifying an amendment to the Consti-
tuition shall be subjected to referen-
dunn of the people if properly invoked
under the law. The Legislature of
Ohio ratified tho Eighteenth Amend
ment. The Secretary of State pro-
claimed the adoption of the amendment
by including Ohio as a ratifying state
Meantime a referendum had been had
IN Ohio and by very close vote the
amendment was defeated. The Su-
preme Court held that the Ohio iegis-
lature had properly ratified the amend
ment and that the referendum did not
affect its validity.
The clearly sound view which the
Supreme Court took of the case was
that the validity of an amendment to
the Federal Constitution was to be
determined under the fifth article Of
that instrument, which prcscribes the
procedure by which amendments to it
may be adopted; that the states can
not vary that procedure, and that the
question is purely Federal one
Article V provides in effect that
amendments may be adopted by reso-
luton of Congress, thirds of each
House concurring, and by ratifying
vote Of the legislatures of three
fourths of the states, or of conven-
tlons in the same number of states
called for the purpose, as Congress
In its resolution of submission NAV
direct.
The resolution in question submitted
the amendment to the legislatures.
The court held that the word legisla-
ture used in the clause meant the state
Legislature and nothing else, and that
a state could not by constitutional or
Legislative provision affect or change
that meaning or the power of the
Legislature as the designated agency
Tor performing Federal function. Bv
a parity of reasoning, a state cannot
by its constitution or otherwise pre-
vent its Legislature from doing or
exercising its discretion to do that
which it becomes its Federal duty to
Go under the supreme law of the land.
to wit, to consider and act upon the
amendment submitted to it by Con-
gress.
Legislature Is Supreme
1t follows that under these circum
stances any state official who is part
OF the election machinery and at
tempts to exercise the power to decide
that an amendment duly proclaimed by
the Secretary of State as adopted is
inva.id. and thus to block action on
voting under it, will be assuming a
grievous burden of responsibility.
likely to return to plague him. In
such case it is plainly the duty of
the state official to accept the de-
cision of the Secretary of State and
to leave to the courts to reverse that
decision if invalid.
All women who are otherwise quail
tied Will have a right to vote in the
November election.