https://twitter.com/officialjaden/statu ... 7973328896
Here's a screen shot:
![Image](https://scontent.xx.fbcdn.net/hphotos-xtp1/v/t1.0-9/11139977_527074914098399_7327373444126002331_n.jpg?oh=cae6c7c7d4bb9c897acc945542e84fc1&oe=55B2F9BC)
I'm surprised that's ever really considered as a serious question. It seems clear to me the answer is:noblepa wrote:The question was, which of those events was the magic moment.
I don't believe that the Supreme Court has ever ruled specifically on whether the 16th was ratified. There is nonetheless no question whatsoever on what the ruling would be.noblepa wrote:In that case, IIRC, SCOTUS sidestepped the question by ruling that ratification was a political issue, not a legal one, and that, when the Secretary of State certified that the 16th had been ratified, that was the end of it.
Am I crazy? Does anyone remember the case I'm talking about? IIRC, it happened shortly after the 16th was ratified, so it is not a new question.
In other words, ratification of a constitutional amendment is a question for the Secretary of State, not the Courts.As the Legislatures of Tennessee and of West Virginia had power to adopt the resolutions of ratification, official notice to the Secretary, duly authenticated, that they had done so, was conclusive upon him, and, being certified to by his proclamation, is conclusive upon the courts.
See the response by wserra, above.noblepa wrote:.....Am I crazy? Does anyone remember the case I'm talking about? IIRC, it happened shortly after the 16th was ratified, so it is not a new question.....
Yes, and at the time of ratification, only 36 states were needed. State number 36 ratified the Amendment on February 3, 1913. On February 25, 1913, the Secretary of State declared that the ratification was complete.Cpt Banjo wrote:The dispute about Ohio's ratification is much ado about nothing. Even if you throw it out, two additional states ratified the amendment well before the taxing statute was enacted in 1913.
Okay, I looked up Leser v. Garnett. It dealt with the 19th Amendment (women's suffrage), not the 16th. However, the court did effectively rule that the Secretary of State has the final word on ratification, not the courts.Famspear wrote:The Supreme Court has never ruled on ratification of the Amendment, but several of the courts of appeals have done so.
I just tried the link and it says page no longer exists.rogfulton wrote:I had gone to Jaden Smith's Twitter account and posted a link to the Q thread on Bill Benson's conviction. I am no longer authorized to view any tweets on his account. I suspect I'm blocked and my tweet removed. Could someone check? I'm @rogfulton over there.