The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Section 2. This Article shall be inoperative unless it shall
have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years
from the date of its submission to the States by the Congress.
Notes
[a] In Dillon _v._ Gloss, 256 U.S. 368 [1921], the Supreme Court stated
that it would take Judicial notice of the date on which a State ratified
a proposed constitutional amendment. Accordingly the Court consulted the
State Journals to determine the dates on which each house of the
legislature of certain States ratified the 18th Amendment. It,
therefore, follows that the date on which the governor approved the
ratification, or the date on which the secretary of state of a given
State certified the ratification, or the date on which the Secretary of
State of the United States received a copy of said certificate, or the
date on which he proclaimed that the amendment had been ratified are not
controlling. Hence, the ratification date given in the following notes
is the date on which the legislature of a given State approved the
particular amendment (signature by the speaker or presiding officers of
both houses being considered a part of the ratification of the
"legislature"). When that date is not available, the date given is that
on which it was approved by the governor or certified by the secretary
of state of the particular State. In each case such fact has been noted.
Except as otherwise indicated information as to ratification is based on
data supplied by the Department of State.
[b] Brackets enclosing an amendment number indicate that the number was
not specifically assigned in the resolution proposing the amendment. It
will be seen, accordingly, that only amendments XIII, XIV, XV and XVI
were thus technically ratified by number. The first 10 amendments along
with 2 others which failed of ratification were proposed by Congress on
September 25, 1789, when they passed the Senate [1 Ann. Cong. (1st
Cong., 1st sess.) 90], having previously passed the House on September
24 [_Id._, 948]. They appear officially in 1 Stat. 97. Ratification was
completed on December 15, 1791, when the eleventh State (Virginia)
approved these amendments, there being then 14 States in the Union.
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