6

Coleman v Miller 1939

I, Facts: In 1924 Congress proposed Child
Labor amendment. In 1925 Kansas Legislature
rejected amendment and sent certified copy of
rejection to Sec State US. In 1937 a resolu—
tion was proposed in the State senate to ratify
amendment. The senate consisted of 40 senators
20 of whom voted for and 20 against the reso—
lution. The Lt Gov then cast the deciding vote
in favor. Resolution was adopted by house.
Proceeding in mandamus brought in Sup Ct of Kan
by 21 members of senate and 3 members of house
of rep (1) To compel Sec of Senate to enter was
not passed on bill. (2) Restrain officers of
house and senate from signing (3) Restrain Sec of
State Kan from auth and sending to Gov. Sup Ct
denied mandamus holding that Lt Gov was autho—
rized to cast deciding vote and amendment ret
ained original validity. Writ of certiorari
issued the USSC.

II. Questions: (1) Whethers petitioners have
standing to have judgement of state ct reviewed.
(2) Participation of Lt Gov.
(3) Effect of previous rejection
of amendment and of lapse of
time since its submission.

III. Held: Affirmed: On grounds that validity of
ratification was political matter to be determi—
ned by congress and not by judiciary.

IV. Reasoning: (1) Jurisdiction: The state Ct
entertained and decided federal question using
interest of 20 xxxxxxxxx senators as basis and
action on this ground is sufficient to give
Fed Ct jurisdiction to review that decision.
(2) Vote of Lt Gov. No opinion
expressed as court was split as to whether was
a political matter.
(3) Effect of previous rejection
of amendment and lapse of time since submission.
The decision of political departments of
the government as to the effect of previous
rejections and later submissions by N.C, S.C.
and Ga. and submissions and later rejections
by Ohio and N.J. as to validity of adoption
of 14th Amendment has been accepted. After