Ohio Veto Referendums on Legislative Ratification of Federal Constitutional Amendments Initiative (1918)
| Ohio Veto Referendums on Legislative Ratification of Federal Constitutional Amendments Initiative | |
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| Topic Federal government issues and Initiative and referendum process |
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| Type Initiated constitutional amendment |
Origin |
Ohio Veto Referendums on Legislative Ratification of Federal Constitutional Amendments Initiative was on the ballot as an initiated constitutional amendment in Ohio on November 5, 1918. It was approved.
A “yes” vote supported allowing veto referendums on the General Assembly's actions regarding the ratification of federal constitutional amendments. |
A “no” vote opposed allowing veto referendums on the General Assembly's actions regarding the ratification of federal constitutional amendments. |
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]
| “ |
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 Veto Referendums on Legislative Ratification of Federal Constitutional Amendments Initiative |
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| Result | Votes | Percentage | ||
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508,282 | 61.74% | ||
| No | 315,030 | 38.26% | ||
Text of measure
Ballot title
The ballot title for Veto Referendums on Legislative Ratification of Federal Constitutional Amendments Initiative was as follows:
| “ | Referendum provision, reserving to the people the power to approve or reject an action of the General Assembly ratifying any proposed amendment to the Constitution of the United States (Art. II, Sec. 1) | ” |
Path to the ballot
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Ohio, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.
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
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