coleman miller argued decided june robert stone topeka rolla coleman olathe petitioners clarence beck topeka respondents robert jackson sol amicus curiae special leave chief justice hughes delivered opinion june congress proposed amendment constitution known child labor amendment january legislature kansas adopted resolution rejecting proposed amendment certified copy resolution sent secretary state january resolution known concurrent tion introduced senate kansas ratifying proposed amendment forty senators resolution came consideration twenty senators voted favor adoption twenty voted lieutenant governor presiding officer senate cast vote favor resolution resolution later adopted house representatives vote majority members original proceeding mandamus brought kansas members senate including twenty senators voted resolution three members house representatives compel secretary senate erase endorsement resolution effect adopted senate endorse thereon words passed restrain officers senate house representatives signing resolution secretary state kansas authenticating delivering governor petition challenged right lieutenant governor cast deciding vote senate petition also set forth prior rejection proposed amendment alleged period june march amendment rejected houses legislatures ratified five reason rejection failure ratification within reasonable time proposed amendment lost vitality alternative writ issued later senate passed resolution directing attorney general enter appearance state represent state interests might appear answers filed behalf defendants state plaintiffs made reply found dispute facts entertained action held lieutenant governor authorized cast deciding vote proposed amendment retained original vitality resolution duly passed house representatives senate act ratification proposed amendment legislature kansas final complete writ mandamus accordingly denied granted certiorari jurisdiction authority issue writ certiorari challenged upon ground petitioners standing seek judgment state reviewed hence urged writ certiorari dismissed unable accept view state held jurisdiction right parties maintain action beyond state thus determined substance members legislature standing seek jurisdiction grant mandamus compel proper record legislative action questions solely state questions matter ended questions raised instant case arose federal constitution questions entertained decided state arose article constitution alone conferred power amend determined manner power exercised hawke smith leser garnett whether questions thus raised decided deemed justiciable political exclusively federal questions state questions find cases cited support contention petitioners lack adequate interest invoke jurisdiction review inapplicable plaintiffs include twenty senators whose votes ratification overridden virtually held naught although right contentions votes sufficient defeat ratification think senators plain direct adequate interest maintaining effectiveness votes petitioners come directly within provisions statute governing appellate jurisdiction set claimed right privilege constitution votes given effect state denied right privilege validity state statute assailed remedy appeal available sec appropriate remedy writ certiorari granted sec contention contrary answered decisions hawke smith supra leser garnett supra hawke smith supra plaintiff error suing elector state ohio taxpayer elector county hamilton behalf others similarly situated filed petition injunction state restrain secretary state spending public money preparing printing ballots submission referendum electors question ratification eighteenth amendment federal constitution demurrer petition sustained lower judgment affirmed intermediate appellate state entertained jurisdiction holding state erred deciding state authority require submission ratification referendum reversed judgment leser garnett supra qualified voters state maryland brought suit state names certain women stricken list qualified voters ground constitution maryland limited suffrage men nineteenth amendment federal constitution validly ratified state took jurisdiction appeals state affirmed judgment dismissing petition granted certiorari question jurisdiction said petitioners contended several grounds amendment become part federal constitution trial overruled contentions dismissed petition judgment affirmed appeals state md md case comes writ error writ must dismissed petition writ certiorari also duly filed granted laws maryland authorized suit qualified voter board registry whether nineteenth amendment come part federal constitution question presented decision holding official notice secretary state duly authenticated action legislatures whose alleged ratifications assailed conclusive upon secretary state proclamation accordingly ratification conclusive upon courts affirmed judgment state question jurisdiction leser garnett supra decided upon deliberate consideration sufficiently shown fact motion dismiss writ error want jurisdiction opposition grant certiorari decision striking day opinion immediately preceding prepared jurisdiction denied federal district columbia suit citizens taxpayers members voluntary association organized support constitution sought nineteenth amendment declared unconstitutional enjoin secretary state proclaiming ratification attorney general taking steps enforce fairchild hughes held plaintiffs alleged interest question submitted afford basis proceeding plaintiffs right possessed every citizen require government administered according law public moneys wasted general right entitle private citizen bring suit one question federal courts difficult imagine situation adequacy petitioners interest invoke appellate jurisdiction leser garnett supra sharply presented effort distinguish case ground plaintiffs qualified voters maryland hence complain admission registry alleged qualified futile interest plaintiffs leser garnett supra merely qualified voters general elections certainly much less impressive interest twenty senators instant case mere controversy question relates legislative action deriving force solely provisions federal constitution twenty senators qualified vote question ratification votes lieutenant governor excluded part legislature purpose decisive defeating ratifying resolution opinion hawke smith leser garnett supra controlling authorities view wide range discussion taken may refer instances question constitutes sufficient interest enable one invoke appellate jurisdiction involved principle applicant must show legal interest controversy maintained applied repeatedly cases municipal corporations challenged state legislation affecting alleged rights obligations creatures state municipal corporations standing invoke contract clause provisions fourteenth amendment constitution opposition creator recognition legitimate interest public officials administrative commissions federal state resist endeavor prevent enforcement statutes relation official duties urgent deficiencies interstate commerce commission commissions representing interested intervened entitled parties appeal decree setting aside order interstate commerce commission though refuses join appeal interstate commerce commission may grant certiorari application federal trade commission review decisions setting aside orders federal trade commission curtis publishing company analogous provisions authorize certiorari review decisions national labor relations board national labor relations board jones laughlin corporation section judicial code injunction sought restrain enforcement statute state order administrative board commission upon ground invalidity federal constitution right direct appeal decree required three judges accorded whether injunction granted denied hence case injunction granted state board entitled appeal see example south carolina highway department barnwell brothers question authority grant certiorari application state officers review decisions state courts declaring state statutes officers seek enforce repugnant federal constitution carefully considered jurisdiction class cases sustained original judiciary act provided section review judgment state drawn question validity statute authority exercised state ground repugnant constitution treaties laws decision favour validity claim federal right denied act december provided may review certiorari decisions state courts sustaining federal right present statute governing jurisdiction certiorari contains corresponding provision may exercise jurisdiction well federal claim sustained denied section plain purpose provide opportunity deemed important appropriate review decisions state courts constitutional questions however state might decide accordingly claim complainant state officer restrained enforcing state statute constitutional invalidity sustained state statute enables state officer seek reversal decision blodgett silberman granted certiorari application state tax commissioner connecticut sought review decision errors state far denied right created statute tax transfer certain securities placed safekeeping new york ground within taxing jurisdiction connecticut entertaining jurisdiction reversed judgment respect page page question received careful consideration case boynton attorney general hutchinson gas company kansas held state statute repugnant federal constitution attorney general state applied certiorari application opposed upon ground merely official interest controversy decisions invoked upon government relies challenging jurisdiction instant case importance contrary usual practice directed oral argument question whether certiorari granted argument upon mature deliberation granted writ writ subsequently dismissed failure record show service summons severance upon appellees state parties proceedings boynton hutchinson gas decision respect scope jurisdiction followed later cases morehead new york ex rel tipaldo granted certiorari application warden city prison review decision appeals state habeas corpus ruling minimum wage law state violated federal constitution decided case merits kelly washington ex rel foss company granted certiorari application state authorities charged enforcement state law relating inspection regulation vessels review decision state holding statute invalid application navigable waters concluded state act permissible field operation decision state holding statute completely unenforceable deference federal law reversed class cases exercised appellate jurisdiction application state officers may said recognize equate interest controversy reason duty enforce state statutes validity drawn question none cases said state officers invoking jurisdiction sustaining damage one asserts mere right citizen taxpayer complain alleged invalid outlay public moneys standing invoke jurisdiction federal courts frothingham mellon sustained immediate substantial right resident taxpayer invoke interposition equity enjoin illegal use moneys municipal corporation crampton zabriskie frothingham mellon supra heim mccall took jurisdiction writ error sued property owner taxpayer given standing state purpose reviewing decision sustaining validity federal constitution state statute applied contracts construction public works city new york enforcement alleged involve irreparable loss city hence inimical interests taxpayer smiley holm granted certiorari application one well assailed federal constitution state statute establishing congressional districts passing upon merits held function state legislature prescribing time place manner holding elections representatives congress article section function veto power state governor participates state constitution governor power course making state laws accordingly reversed judgment state took jurisdiction certiorari similar case new york petitioners voters state sought mandamus compel secretary state new york certify representatives congress elected congressional districts defined concurrent resolution senate assembly legislature state construing provision federal constitution contemplating exercise power sustained defense concurrent resolution ineffective submitted governor approval refused writ mandamus affirmed judgment koenig flynn light course decisions find departure principle recognizing instant case least twenty senators whose votes contention sustained sufficient defeat resolution ratifying proposed constitutional amendment interest controversy treated state basis entertaining deciding federal questions sufficient give jurisdiction review decision participation lieutenant contend light powers duties lieutenant governor relation senate state constitution construed state lieutenant governor part article federal constitution permitted deciding vote ratification proposed amendment senate equally divided whether contention presents justiciable controversy question political nature hence justiciable question upon equally divided therefore expresses opinion upon point effect previous rejection amendment lapse time since submission state adopted view expressed state legislature rejected amendment proposed congress may later ratify argument support view article says nothing rejection speaks ratification provides proposed amendment shall valid part constitution ratified power ratify thus conferred upon state constitution ratifying power persists despite previous rejection opposing view proceeds assumption ratification prescribed congress convention reject adjourned sine die reassembled ratify also premised accordance views expressed ratification given afterwards rescinded amendment rejected urged effect exhaustion state power act ascribed rejection state act either convention legislature historic instances cited thirteenth amendment rejected legislature new jersey subsequently ratified question become important ratification requisite number already proclaimed question arise connection adoption fourteenth amendment legislatures georgia north carolina south carolina rejected amendment november december new governments erected others direction congress new legislatures ratified amendment north carolina july south carolina july georgia july ohio new jersey first ratified passed resolutions withdrawing consent needed constitute requisite july congress adopted resolution requesting secretary state communicate list union whose legislatures ratified fourteenth article secretary seward report attention called action ohio new jersey july secretary seward issued proclamation reciting ratification including north carolina south carolina ohio new jersey stating appeared ohio new jersey since passed resolutions withdrawing consent deemed matter doubt uncertainty whether resolutions irregular invalid therefore ineffectual secretary certified ratifying resolutions ohio new jersey still full force effect notwithstanding attempted withdrawal amendment become part constitution following day congress adopted concurrent resolution reciting fourths ratified list including north carolina south carolina ohio new jersey declared fourteenth amendment part constitution duly promulgated secretary state accordingly secretary seward july issued proclamation embracing mentioned congressional resolution adding georgia thus political departments government dealt effect previous rejection attempted withdrawal determined ineffectual presence actual ratification special circumstances action congress relation governments rejecting north carolina south carolina georgia circumstances recited proclaiming ratification previous action taken set forth proclamation actual previous rejections respective legislatures decision political departments government validity adoption fourteenth amendment accepted think accordance historic precedent question efficacy ratifications state legislatures light previous rejection attempted withdrawal regarded political question pertaining political departments ultimate authority congress exercise control promulgation adoption amendment precise question raised whether legislature state found actually ratified proposed amendment restrain state officers certifying ratification secretary state earlier rejection thus prevent question coming political departments find basis either constitution statute judicial action article speaking solely ratification contains provision rejection congress enacted statute relating rejections statutory provision respect constitutional amendments follows official notice received department state amendment proposed constitution adopted according provisions constitution secretary state shall forthwith cause amendment published certificate specifying may adopted become valid intents purposes part constitution statute presupposes official notice secretary state state legislature adopted resolution ratification see warrant judicial interference performance duty see leser garnett supra page page serious question whether proposal congress amendment lost vitality lapse time hence ratified kansas legislature argument petitioners stresses fact nearly thirteen years elapsed proposal ratification question said amendment proposed definitely adverse popular sentiment end rejection houses legislatures sixteen ratification four aggressive campaign started favor amendment reply urged congress fix limit time ratification unreasonably long time elapsed since submission conditions gave rise amendment eliminated prevalence child labor diversity state laws disparity administration resulting competitive inequalities continued exist reference also made fact number treated amendment still pending proceedings national government indications view said fourteen ratifications four one three held congress proposing amendment may fix reasonable time ratification dillon gloss sustained action congress providing proposed eighteenth amendment inoperative unless ratified within seven years limitation time ratification provided instant case either proposed amendment resolution submission petitioners contend absence limitation congress decide reasonable period within ratification may unable agree contention true dillon gloss supra said nothing found article suggested amendment proposed open ratification time ratification might separated others many years yet effective strong suggestion contrary proposal ratification succeeding steps single endeavor amendments deemed prompted necessity considered disposed presently fair implication ratification must sufficiently contemporaneous required number reflect people sections relatively period hence ratification must within reasonable time proposal considerations cogent reasons decision dillon gloss supra congress power fix reasonable time ratification follow whenever congress exercised power take upon responsibility deciding stitutes reasonable time determine accordingly validity ratifications question involved dillon gloss supra accordance familiar principle said must read light point decided found criteria judicial determination none found constitution statute endeavor answer question petitioners counsel suggested least two years allowed six years seem unreasonably long seven years used congress reasonable period one year six months thirteen days average time used passing upon amendments ratified since first ten amendments three years six months days longest time used ratifying list variables counsel add nature extent publicity activity public legislatures several relation particular proposal taken consideration statement pertinent additional matters examined weighed proposed amendment springs conception economic needs necessary determining whether reasonable time elapsed since submission consider economic conditions prevailing country whether far changed since submission make proposal longer responsive conception inspired whether conditions intensify feeling need appropriateness proposed remedial action short question reasonable time many cases involve case involve appraisal great variety relevant conditions political social economic hardly said within appropriate range evidence receivable justice extravagant extension judicial authority assert judicial notice basis deciding controversy respect validity amendment actually ratified hand conditions appropriate consideration political departments government questions involve essentially political justiciable decided congress full knowledge appreciation ascribed national legislature political social economic conditions prevailed period since submission amendment decision congress power article fix reasonable limit time ratification proposing amendment proceeds upon assumption question reasonable time lies within congressional province deemed question open one limit fixed advance think also regarded open one consideration congress presence certified ratifications fourths time arrives promulgation adoption amendment decision congress control action secretary state question whether amendment adopted within reasonable time subject review courts unduly lengthen opinion attempt review decisions class questions deemed political justiciable determining whether question falls within category appropriateness system government attributing finality action political departments also lack satisfactory criteria judicial tion dominant considerations many illustrations filed conduct foreign relations policy considerations extreme magnitude certainly entirely incompetent examination decision justice ware hylton dall questions involving similar considerations found government internal affairs thus article iv section constitution providing guarantee every state union republican form government held rests congress decide government established one state whether republican form luther borden case chief justice taney observed senators representatives state admitted councils union authority government appointed well republican character recognized proper constitutional authority decision binding every department government questioned judicial tribunal held case provision article protection domestic violence rested congress determine upon means proper adopted fulfill guarantee page pacific telephone company oregon considered questions arising guaranty republican form government long since determined political governmental hence question whether government oregon ceased republican form constitutional amendment people reserved power propose enact laws independent legislative assembly also approve reject act body question determination congress finally settled congress admitted senators representatives state reasons stated think compelling underlay cited decisions think congress controlling promulgation adoption constitutional amendment final determination question whether lapse time proposal amendment lost vitality prior required ratifications state officials restrained certifying secretary state adoption legislature kansas resolution ratification find reason disturbing decision kansas denying mandamus sought petitioners judgment affirmed upon grounds stated opinion affirmed concurring opinion justice black justice roberts justice frankfurter justice douglas join although reasons stated justice frankfurter believe cause dismissed ruling announced removes case question petitioners standing sue compulsion justice roberts justice frankfurter justice douglas participated discussion questions considered concur result reached somewhat different reasons constitution grants congress exclusive power control submission constitutional amendments final determination congress ratification taken place conclusive upon courts exercise power congress course governed constitution however whether submission intervening procedure congressional determination ratification conforms commands constitution call decisions department questions type frequently designated decision question department constitution committed binds judges well officers citizens subjects government proclamation authority congress amendment ratified carry solemn insurance congress ratification taken place constitution commands upon assurance proclaimed amendment must accepted part constitution leaving judiciary traditional authority interpretation extent opinion present case even impliedly assumes power make judicial interpretation exclusive constitutional authority congress submission ratification amendments unable agree state assumed jurisdiction determine whether proper procedure followed submission final adoption however apparent judicial review pronouncements upon supposed limitation time within congress may accept ratification whether duly authorized state officials proceeded properly ratifying voting ratification whether state may reverse action taken upon proposed amendment kindred questions consistent ultimate control amending process courts must inevitably embarrass course amendment subjecting judicial interference matters believe intrusted constitution solely political branch government treats amending process constitution respects subject judicial construction others subject final authority congress disapproval conclusion arrived dillon constitution impliedly requires properly submitted amendment must die unless ratified within time disapprove prior assumption power make pronouncement made clear congress constitutional power determine implication article constitution hand opinion declares congress exclusive power decide questions whether state whose legislature acted upon proposed amendment may subsequently reverse position whether circumstances case amendment dead time elapsed division political judicial branches government made article grants power amending constitution congress alone undivided control process given article exclusively completely congress process entirety submission amendment becomes part constitution subject judicial guidance control interference point since congress sole complete control amending process subject judicial review views upon process binding upon congress insofar dillon gloss supra attempts judicially impose limitation upon right congress determine final adoption amendment disapproved congressional determination amendment completed become part constitution final removed examination courts present opinion recognizes surely steps leading condition must subject scrutiny control appraisal none save congress body exclusive power make final determination congress possessing exclusive power amending process bound duty accept pronouncements upon exclusive power kansas courts neither state federal courts review power therefore judicial expression amounting mere acknowledgment exclusive congressional power political process amendment mere admonition congress nature advisory opinion given wholly without constitutional authority opinion justice frankfurter view justice roberts justice black justice douglas petitioners standing endowing power constitution presupposed historic content phrase relied assumption judiciary authority issues appropriate disposition judges constitution explicitly indicated limited area within judicial action consequences action within extending power said implied framers judiciary article gave merely outlines familiar operations english judicial system manifestations side ocean union judicial power come play matters traditional concern courts westminster arose ways expert feel lawyers constituted courts meddle matters require subtlety identified political issues even kinds questions staple judicial business courts pass upon abstract intellectual problems concrete living contest adversaries called arbitrament law compare muskrat tutun willing cago auditorium nashville ry wallace abstractions generalities represent common ground among judges since however considerations governing exercise judicial power mechanical criteria derive conceptions regarding distribution governmental powers manifold changing guises differences application canons jurisdiction arisen beginning history conscious unconscious leanings toward serviceability judicial process adjustment public controversies clothed form private litigation inevitably affect decisions influence awareness recognizing relevance conceded doctrines judicial rigor enforcing present controversy furnishes abundant illustration members kansas senate three members house representatives brought original mandamus proceeding state compel secretary senate erase endorsement kansas concurrent resolution january effect passed senate instead endorse thereon words passed also sought restrain officers senate house authenticating delivering governor state transmission secretary state kansas legislators resorted claiming longer amendment open ratification kansas event ratified kansas constitutional organ ratification see article constitution kansas held kansas legislators right judgment claims merits decided denied writ mandamus urging denial derogation rights federal constitution legislators granted certiorari review kansas judgment coleman miller ask reverse power explicitly challenged amicus curiae event faced see mansfield ry swan causes courts kansas open matters kansas determine kansas define contours authority federal courts particularly ultimate responsibility determine may invoke judgment circumstances members kansas legislature therefore entitled ask us adjudicate grievances complain function beyond power write legal essays give legal opinions however solemnly requested however great national emergency see correspondence secretary state jefferson chief justice jay johnson correspondence public papers john jay unlike role allowed judges state courts canada exclusive business litigation requisites litigation satisfied questions constitutionality though conveyed outward forms conventional proceeding bear special relation particular litigant scope consequences doctrine judicial review executive legislative action make us observe fastidiously bounds litigious process within confined matter seriously infringement constitution may called question tribunal challenge except specialized interest vindicate apart political concern belongs stearns wood fairchild hughes familiar language jurisdiction kansas legislators must standing distinctive claim possessed every kansan complain complained fellow citizens answer requires analysis grievances urge say beyond power kansas legislature matter voted ratify child labor amendment kansas child labor amendment ratify assuming amendment proposed congress dies inanition deemed time claim submitted proposed child labor amendment longer alive alive longer kansas prior resolution rejection kansas exhausted power respect however objections relate secular interest pertains kansas legislators apart interests belong entire commonalty kansas fact legislators part ratifying mechanism ordinary citizen kansas wholly irrelevant issue aspect case problem exactly one legislator voted ratification indeed claim amendment dead longer open kansas ratify interest belongs uniquely kansas legislators even interest special kansas common concern every citizen whether amendment still alive whether kansas included among necessary several legislators standing claims unconstitutionality attack concurrent resolution standing attack kansas statute claimed offend commerce clause art cl much right member congress voted passage bill moved constitutional scruples urge duty consider arguments unconstitutionality clearly kansan legislator standing brought suit federal kansas transmute general interest constitutional claims individualized legal interest indispensable doubt bounds legal interest penumbra gives freedom judging fulfillment jurisdictional requirements doctrines affecting standing sue federal courts treated mechanical yardsticks assessing state ascertainments legal interest brought review creation vast domain legal interests keeping time time state courts legislators give legal protection new individual interests thus ordinary state taxpayer suit recognized federal courts affords adequate standing review state decisions recognized state courts coyle smith heim mccall means follows state ruling adequacy legal interest binding thus tyler judges registration notion rejected merely judicial massachusetts found interest sufficient legal significance assailing statute must consider claim consistently held interest state official vindicating constitution gives legal standing attack constitutionality state statute order avoid compliance smith indiana braxton county west virginia marshall dye stewart kansas city recognition state undifferentiated general interest confer jurisdiction us columbus greenville ry miller reversing miller columbus greenville miss contrariwise course official legally recognized duty enforce statute charged enforcing official obstructed performance duty state statute state found violation constitution may since act december stat ask remove fetters enforcement duty imposed state asserted misconception constitution situation represented blodgett silberman satisfied requirement legal interest boynton hutchinson certiorari dismissed another ground adjudicate issue claimant us special individualized stake one merely spokesman constitutional point view ask us pass kansas legislators bring suit explicitly behalf people determine whether kansas still vote child labor amendment gain standing brought suit names therefore none petitioners raise questions concerning power kansas legislature ratify amendment disposes standing three members lower house seek invoke jurisdiction standing equally litigious standing member kansas senate voted concurrent resolution claim vote denied parliamentary efficacy entitled remains consideration claim twenty nay voting senators kansas presiding officer senate kansas constitution power break tie senatorial vote amendment thereby depriving votes effect creating tie whether tribunal question raised senators must determined even considering whether issue pose justiciable latter involves questions affecting distribution constitutional power postponed preliminary questions legal standing sue right kansas senators rested recognition leser garnett voter right protect franchise historic source doctrine reasons explained nixon herndon action damages judges elections refusing permit plaintiff vote primary election texas disposing objection plaintiff cause action subject matter suit political justice holmes thus spoke course petition concerns political action alleges seeks recover private damage private damage may caused political action may recovered suit law hardly doubted two hundred years since ashby white ld raym recognized damage clue famous ruling ashby white supra determines scope well cases justification judgment lord holt permeated conception voter franchise personal right assessable money damages exact amount peculiarly appropriate determination jury see wiley sinkler remedy outside law courts matter relates parliament said lord holt injury precedaneous parliament lord hale said case bernardiston soame lev parliament judge injury give damage plaintiff make recompense reasoning ashby white practice followed leave controversies parliaments outside scrutiny law courts procedures voting legislative members vote requisite number votes different phases legislative activity votes cast matters merely concern political action essence political action connotation field clark et seq leser garnett sense matters damage pertain legislators individuals political representatives executing legislative process open law courts controversies courts sit judgment manifold disputes engendered procedures voting legislative assemblies doctrine ashby white vindicating private rights voting citizen doubted two hundred years equally significant two hundred years ashby white sought put purposes like present seeking redress kansas senators wholly misconceived functions writ certiorari kansas therefore dismissed justice butler dissenting child labor amendment proposed years elapsed kansas legislature voted decision announced holds ratify petitioners insist reasonable time elapsed therefore action state legislature without force holds question justiciable relegates congress presence certified ratifications time arrives promulgation adoption amendment declares decision congress subject review courts dillon gloss one imprisoned transportation intoxicating liquor violation national prohibition act instituted habeas corpus proceedings obtain release ground eighteenth amendment invalid resolution proposing declared operative unless ratified within seven years amendment ratified less year half definitely held article impliedly requires amendments submitted ratified within reasonable time proposal congress may fix reasonable time ratification period seven years fixed congress reasonable said seen article says nothing time within ratification may shall unlimited shall fixed congress reasonable inference implication ratification may time within years century even longer period must within reasonable period congress left free define find anything article suggests amendment proposed open ratification time ratification may separated others many years yet effective find strongly suggests contrary first proposal ratification treated unrelated acts succeeding steps single endeavor natural inference widely separated time secondly deemed necessity therefor amendments proposed reasonable implication proposed considered disposed presently thirdly ratification expression approbation people effective fair implication must sufficiently contemporaneous number reflect people sections relatively period course ratification scattered long series years considerations general purport spirit article lead conclusion expressed judge jameson constitutional conventions ed alteration constitution proposed relation sentiment felt needs ratified early sentiment may fairly supposed exist regarded waived voted upon unless second time proposed congress better conclusion becomes even manifest comprehended view considered according four amendments proposed long one one still pending situation ratification many years since representatives generations largely forgotten may effectively supplemented enough make fourths representatives present future generation view able subscribe opinion quite untenable conclude fair inference implication article ratification must within reasonable time proposal power congress keeping within reasonable limits fix definite period ratification entertain doubt whether definite period ratification shall fixed may know speculation reasonable time may avoided opinion matter detail congress may determine incident power designate mode ratification questioned seven years period fixed instance able power existed fix definite time well questioned considering periods within prior amendments ratified upon reasoning opinion case hold reasonable time judgment kansas reversed point reasonable time justiciable one congress attempted ratification requisite number raised parties appearing amicus curiae suggested us ordering reargument dillon case directly decide upon reasonableness seven years fixed congress without hearing argument upon point hold lack power decide whether years proposal congress attempted ratification kansas reasonable justice mcreynolds joins opinion footnotes text proposed amendment follows stat congress shall power limit regulate prohibit labor persons eighteen years age power several unimpaired article except operation state laws shall suspended extent necessary give effect legislation enacted congress state said point threshold confronted question raised defendants right plaintiffs maintain action appears march state senate adopted resolution directing attorney general appear state kansas action appears april application attorney general order entered making state kansas party defendant state party proceedings think right parties maintain action beyond question state ex rel public service see caffrey oklahoma territory smith indiana braxton county west virginia marshall dye stewart kansas city columbus greenville railway miller justice brandeis pages page see also frothingham mellon pawhuska pawhuska oil trenton new jersey risty chicago pac rwy williams mayor act october stat see also orders federal communications commission stat stat see also act september stat see cases cited note jameson constitutional conventions secs willoughby constitution sec jameson op secs willoughby op sec ames amendments constitution house doc pt pp stat jameson op sec ames op stat act march see white hart wall stat stat cong globe cong globe stat stat stat ames op app legislature new york ratified fifteenth amendment attempted january withdraw ratification fact stated proclamation secretary fish ratification amendment new york needed make required state included list ratifying stat ames op app compare article vii act april sec stat sess sess letter president january governors nineteen whose legislatures meet year urging press ratification new york times january stat similar provision inserted first amendment chambers see willoughby op pp et seq oliver field doctrine political questions federal courts minnesota law review melville fuller weston questions harvard law review see also palmer wheat foster neilson pet doe braden terlinden ames cf helvering davis leser garnett jones foster elam neilson pet luther borden et cooper pacific telephone oregon state ohio ex rel davis hildebrant view material inquire province determine whether executive department right wrong enough know exercise constitutional functions decided question done responsibilities belong obligatory people government union laid rule action political branches government matter belongs conclusive williams suffolk ins pet field clark early instance abstention king justices matters political see duke york claim crown house lords reprinted wambaugh cases constitutional law see opinion justice iredell chisholm georgia dall concurring opinion justice johnson fletcher peck cranch cases collected concurring opinion justice brandeis ashwander tennessee valley authority subject narrow exceptions relevant see mcknett louis san francisco advisory opinions use state courts see thayer advisory opinions reprinted legal essays thayer et seq article opinions advisory opinions canada see ontario general canada speaking canadian system lord chancellor haldane attorney general british columbia attorney general canada said times attended inconveniences surprising steadily refused adopt similar procedure confined adjudication legal rights litigants actual controversies animadversions advisory pronouncements judges see lord chancellor sankey regulation control aeronautics canada sympathize view expressed length newcombe concurred chief justice canada difficulty must experience endeavoring answer questions put way australia followed constitutional practice restricting courts litigious business experience english history lay behind thus put australian constitutional convention later justice higgins feel strongly inexpedient break established practice english law secure decisions facts arisen yet course matter lawyers experience every day judge give attention give attention suppositious case feels pressure consequences litigant attempt allow high cases arisen make pronouncement upon law binding think imagination judges like persons limited able put minds complex circumstances may arise minds giving decision one thing another recognized british jurisprudence judge never gives decision facts necessary decision arisen see series cases beginning hayburn case dall west virginia quick summary jurisdiction state decisions leaves room doubt fact present case certiorari wholly irrelevant assumption jurisdiction section first judiciary act gave reviewing power state decisions denying claim federal right restriction course born fear disobedience state judiciaries national authority act september stat withdrew obligatory jurisdiction cases state decision right privilege immunity claimed exist constitution laws treaties authorities change inspired mainly desire eliminate review right cases arising federal employers liability act et left review cases validity treaty statute authority drawn question decision validity cases validity statute state state authority drawn question grounds conflict federal law decision favor validity act february stat extended process restricting obligatory jurisdiction transferring review certiorari cases state held invalid claimed exercised laws upheld claims invalidity federal grounds exercised laws neither terms two restrictions controlling comments committee reports members special share promoting acts give support believing contracting range obligatory jurisdiction state adjudications congress enlarged jurisdiction removing established requirement legal interest threshold condition act december stat touch present problem act congress first time gave power review state decisions sustaining federal right purpose made certiorari available committee reports debates act prove purpose merely remove unilateral quality review state decisions constitutional questions ultimate say act create new legal interest basis review built settled doctrine official legally recognizable duty carry statute supposed enforce thus prior act kentucky case chandler wise come prior kansas case come writ error allowing cases state courts previously come come certiorari act merely lifted previous federal claim left every requisite jurisdiction unchanged similarly change requisites affected acts confining certain categories litigation state courts discretionary instead obligatory reviewing power chronology child labor amendment state said houses legislature passed resolutions rejection ratify houses defeated resolution ratification june joint resolution deposited state department year arkansas ratified north carolina rejected ratification rejection arizona california wisconsin ratified florida georgia indiana kansas maine massachusetts minnesota missouri new hampshire pennsylvania south carolina tennessee texas utah vermont rejected connecticut delaware south dakota refused ratify ratifications rejections refusals ratify kentucky virginia rejected ratifications rejections refusals ratify montana ratified maryland rejected ratifications rejections refusals ratify colorado ratified ratifications rejections refusals ratify illinois iowa michigan new jersey north dakota ohio oklahoma oregon washington west virginia ratified also maine minnesota new hampshire pennsylvania rejected ratifications rejections eliminating subsequently ratifying refusals ratify idaho wyoming ratified utah indiana rejected connecticut refused ratify ratifications rejections refusals ratify kentucky rejected ratified ratifications rejections refusals ratify nevada new mexico ratified kansas rejected massachusetts rejected refused ratify ratifications rejections refusals ratify six included list alabama louisiana mississippi nebraska new york rhode island appears never vote alabama rhode island louisiana house representatives three times defeated resolutions ratification mississippi senate adopted resolution ratification another senate resolution ratification adversely reported nebraska house defeated ratification resolutions senate passed resolution new york ratification defeated house latter year senate passed resolution