Hawke v. Smith
Encyclopedia
Hawke v. Smith, , was a United States Supreme Court case coming out of the state of Ohio
. It challenged the validity of the way in which the 18th Amendment
had been passed.
In the case of Ohio and the 18th Amendment, the legislature ratified the amendment and, before the ninety day waiting period had passed, the Secretary of State, Robert Lansing
, declared the 18th Amendment to be in effect. Meanwhile, a petition was signed by at least six percent of the voters and, in the ensuing referendum, a majority of Ohio voters voted against prohibition
, seemingly invalidating the passage of the 18th Amendment. The controversy regarding this situation eventually led to a court case which made it to the U.S. Supreme Court.
The issue before the court was whether or not a state had a right to reserve to its people the right to review its legislature's ratification of federal amendments. The prohibitionists argued that the Constitution provided for the ratifying of federal amendments by state legislatures—it said nothing about the people's right to review such amendments. Opponents of this view argued that the Constitution did not say anything about what constituted a state legislature and it was up to each of the states to decide what constituted its legislature. Thus in the case of Ohio, the idea of "state legislature" came with the limit of not being able to ratify a federal amendment without review by the people of the state, and, thus, the amendment had not been ratified.
. This case made it clear that the 18th Amendment was valid. Second, the fact that the amendment passed in Ohio despite a majority of voters voting against it fostered the idea that Prohibition was the work of powerful groups and not the people themselves.
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
. It challenged the validity of the way in which the 18th Amendment
Eighteenth Amendment to the United States Constitution
The Eighteenth Amendment of the United States Constitution established Prohibition in the United States. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition...
had been passed.
Background
The state of Ohio's constitution reserved to the people the right to review the state legislature's ratification of any federal amendment. This meant that within ninety days of the ratification of an amendment by the state legislature, that ratification could be challenged by a petition signed by six percent of Ohio voters. This would then bring the issue to referendum.In the case of Ohio and the 18th Amendment, the legislature ratified the amendment and, before the ninety day waiting period had passed, the Secretary of State, Robert Lansing
Robert Lansing
Robert Lansing served in the position of Legal Advisor to the State Department at the outbreak of World War I where he vigorously advocated against Britain's policy of blockade and in favor of the principles of freedom of the seas and the rights of neutral nations...
, declared the 18th Amendment to be in effect. Meanwhile, a petition was signed by at least six percent of the voters and, in the ensuing referendum, a majority of Ohio voters voted against prohibition
Prohibition in the United States
Prohibition in the United States was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which...
, seemingly invalidating the passage of the 18th Amendment. The controversy regarding this situation eventually led to a court case which made it to the U.S. Supreme Court.
The issue before the court was whether or not a state had a right to reserve to its people the right to review its legislature's ratification of federal amendments. The prohibitionists argued that the Constitution provided for the ratifying of federal amendments by state legislatures—it said nothing about the people's right to review such amendments. Opponents of this view argued that the Constitution did not say anything about what constituted a state legislature and it was up to each of the states to decide what constituted its legislature. Thus in the case of Ohio, the idea of "state legislature" came with the limit of not being able to ratify a federal amendment without review by the people of the state, and, thus, the amendment had not been ratified.
Opinion of the Court
On June 1, 1920, the Court ruled in favor of those who argued the amendment had been ratified.Significance
Hawke v. Smith was important for two reasons. First, there had been several other states that had been considering referendums on ProhibitionProhibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
. This case made it clear that the 18th Amendment was valid. Second, the fact that the amendment passed in Ohio despite a majority of voters voting against it fostered the idea that Prohibition was the work of powerful groups and not the people themselves.