Ohio Ratification of Eighteenth Amendment (Prohibition) of U.S. Constitution Referendum (1919)
| Ohio Ratification of Eighteenth Amendment (Prohibition) of U.S. Constitution Referendum | |
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| Topic Alcohol laws and Federal government issues |
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| Type Veto referendum |
Origin |
Ohio Ratification of Eighteenth Amendment (Prohibition) of U.S. Constitution Referendum was on the ballot as a veto referendum in Ohio on November 4, 1919. It was defeated.
A “yes” vote supported the targeted legislation, upholding the state legislature’s ratification of the 18th Amendment to the U.S. Constitution, which established federal prohibition on alcohol. |
A “no” vote opposed the targeted legislation, repealing the state legislature’s ratification of the 18th Amendment to the U.S. Constitution. |
Aftermath
Hawke v. Smith
- See also: Hawke v. Smith
Voters, through a veto referendum, rejected the legislature's ratification of the Eighteenth Amendment to the U.S. Constitution on November 4, 1919.
George Hawke filed litigation against Ohio Secretary of State Harvey Smith, arguing that a state veto referendum on a federal constitutional amendment conflicted with Article V of the U.S. Constitution. Article V provided for the legislative ratification of federal constitutional amendments.
The Ohio Supreme Court upheld the veto referendum, finding that the people could petition a referendum against the legislature's action on a federal constitutional amendment. The case was appealed to the U.S. Supreme Court.
On June 1, 1920, the U.S. Supreme Court held that veto referendums on federal constitutional amendments were invalid under the U.S. Constitution. Justice William Rufus Day wrote the court's opinion, which held that:[1]
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The only question really for determination is what did the framers of the Constitution mean in requiring ratification by 'legislatures'? That was not a term of uncertain meaning when incorporated into the Constitution. What it meant when adopted it still means for the purpose of interpretation. A legislature was then the representative body which made the laws of the people. ... ratification by a state of a constitutional amendment is not an act of legislation within the proper sense of the word. It is but the expression of the assent of the state to a proposed amendment. ... It is true that the power to legislate in the enactment of the laws of a state is derived from the people of the state. But the power to ratify a proposed amendment to the federal Constitution has its source in the federal Constitution. The act of ratification by the state derives its authority from the federal Constitution, to which the state and its people have alike assented.[2] |
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Election results
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Ohio Ratification of Eighteenth Amendment (Prohibition) of U.S. Constitution Referendum |
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| Result | Votes | Percentage | ||
| Yes | 499,971 | 49.98% | ||
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500,450 | 50.02% | ||
Text of measure
Ballot title
The ballot title for Ratification of Eighteenth Amendment (Prohibition) of U.S. Constitution Referendum was as follows:
| “ | (By Referendum Petition) Senate Joint Resolution No. 4. Adopted January 7, 1919, and filed with the Secretary of State January 22, 1919, ratifying the National Prohibition Amendment to the Constitution of the United States of America proposed by the 65th Congress. The said amendment ratified by the 83rd General Assembly of Ohio provides: "After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited." | ” |
Background
On November 5, 1918, voters approved a citizen-initiated constitutional amendment to allow veto referendums on the General Assembly's actions regarding the ratification of federal constitutional amendments.
Path to the ballot
A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. This type of ballot measure is also called statute referendum, popular referendum, people's veto, or citizen's veto. There are 23 states that allow citizens to initiate veto referendums.
In Ohio, the number of signatures required for a veto referendum is equal to 6% of the votes cast in the last gubernatorial election. Signatures for veto referendums are due 90 days after the targeted law is signed. A simple majority vote is required for voter approval.
See also
Footnotes
- ↑ U.S. Supreme Court, "Hawke v. Smith," June 1, 1920
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
External links
- Youngstown Vindicator, "Political Advertisement by Mahoning County Dry Federation," November 3, 1919
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