HAWKE V. SMITH

Decision Date01 June 1920
Citation253 U. S. 231
CourtU.S. Supreme Court

ERROR TO THE SUPREME COURT

OF THE STATE OF OHIO

Syllabus

The ratification of the proposed Nineteenth Amendment by the Legislature of Ohio cannot be referred to the electors of the state; the Ohio Constitution, in requiring such a referendum, is inconsistent with the Constitution of the United States. Hawke v. Smith, No. 1, ante, 253 U. S. 221. 100 Ohio St. 540 reversed.

The case is stated in the opinion.

Page 253 U. S. 232

MR. JUSTICE DAY delivered the opinion of the Court.

This case presents the same question as that already decided in No. 582, ante, 253 U. S. 221, the only difference being that the amendment involved is the proposed Nineteenth Amendment to the Constitution extending the right of suffrage to women. The Supreme Court of Ohio, upon the authority of its decision in Hawke v. Smith, (No. 582), ante, 253 U. S. 221, held that the Constitution of the state requiring such submission by a referendum to the people, did not violate Article V of the federal Constitution, and for that reason rendered a like judgment as in No. 582.

For the reasons stated in our opinion in No. 582, the judgment of the Supreme Court of Ohio must be

Reversed.

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9 cases
  • State of Idaho v. Freeman
    • United States
    • U.S. District Court — District of Idaho
    • January 25, 1982
    ...S.Ct. 217, 66 L.Ed. 505 (1922); National Prohibition Cases, 253 U.S. 350, 40 S.Ct. 486, 64 L.Ed. 946 (1920); Hawke v. Smith, No. 2, 253 U.S. 231, 40 S.Ct. 498, 64 L.Ed. 877 (1920); Hawke v. Smith, No. 1, 253 U.S. 221, 40 S.Ct. 495, 64 L.Ed. 871 (1920); Dillon v. Gloss, 256 U.S. 368, 41 S.Ct......
  • Initiative Petition No. 364, In re
    • United States
    • Oklahoma Supreme Court
    • December 10, 1996
    ...people, which it was assumed would voice the will of the people." Id. at 226-27, 40 S.Ct. at 497. See also Hawke v. Smith, No. 2, 253 U.S. 231, 40 S.Ct. 498, 64 L.Ed. 877 (1920), concerning the same question but involving the Nineteenth Amendment extending the right of suffrage to The Oklah......
  • Dyer v. Blair
    • United States
    • U.S. District Court — Northern District of Illinois
    • February 20, 1975
    ...sought to be imposed by the people of a state. Hawke v. Smith, No. 1, 253 U. S. 221, 40 S.Ct. 495, 64 L.Ed. 871; Hawke v. Smith, No. 2, 253 U.S. 231, 40 S.Ct. 498, 64 L.Ed. 877; National Prohibition Cases, 253 U.S. 350, 386, 40 S.Ct. 486, 588, 64 L.Ed. 258 U.S. at 136-137, 42 S.Ct. at 217. ......
  • Harisay v. Clarno
    • United States
    • Oregon Supreme Court
    • October 8, 2020
    ... ... Hawke v. Smith No. 1 , 253 U.S. 221, 40 S. Ct. 495, 64 L. Ed. 871 (1920). The issue in Hawke No. 1 was whether the voters of the State of Ohio could ... ...
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1 books & journal articles
  • Principles Governing the Interpretation and Exercise of Article v pOwers
    • United States
    • Political Research Quarterly No. 35-2, June 1982
    • June 1, 1982
    ...approved a "virtually identical" bill on July 9, 1973 ( Congressional Quarterly Almanac, 1973: Vol. 29, 78). 221 Hawke v. Smith, No. 2, 253 U.S. 231, Leser v. Garnett, 258 U.S. 139, 1920 National Prohibition Cases, 253 U.S. 350, 1920 United States v. Chambers, 291 U.S. 217, 1934 ...

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