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In Chandler v. Wise 1939 certioarari was
dismissed on grounds that after governor had
forwarded certificate of the ratification of
the child labor amendment to the Sec of State
US there was no longer a controversy capable
of judicial determination. Black and Douglas
said that they did not believe that state or
federal courts had any jurisdiction to inter—
fere with the amending process.

Methods of amendment: (Powers of Congress)
All amendments must have the sanction of
the people of the US the original fountain of
power acting through representative assemblies.
Ratification of these assemblies in three
fourths of the states shall be taken as a
decisive expression of the peoples will and
be binding on all. The choice is the mode of
ratification whether by legislatures or by
conventions. This choice lies in the sole
discretion of congress. As a result of Cole
man v Miller The way is open for clarifying
the amending process by comprehensive statute.
For example ——prescribing that states first
ratification or rejection shall be final or
authorize Sec of State US to make determinat—
ion. Make proclamations operate on Two way
street ratification when three fourth accept
rejection when more than one fourth reject.
Might declare national policy that all measures
for ratification or rejection be by state
convention and provide elections to be XXXXX
held on definite date. This tried to considera—
ble extent in 21st Amendment. There however
individual states enacted legislation adopting
such procedures. Whether congress passes such
a law or not this legislation is needed in
states. At present time no more than XXXXX one
third of the states are ready to proceed by the
convention method for consideration of pro—
posed amendments.

Powers of the States: The function of state
legislatures in ratifying proposed amendments
is a federal function derived from the federal
constitution and it transcends any limitations
sought to be imposed by the people of a state.
(Leser v Garnett: sustaining 19th Amendment
despite procedural irregularities in the leg