United States v. Sprague

United States v. Sprague

SCOTUSCase
Litigants=United States v. Sprague
ArgueDate=January 21
ArgueYear=1931
DecideDate=February 24
DecideYear=1931
FullName=United States v. Sprague et al.
USVol=282
USPage=716
Citation=
Prior=
Subsequent=
Holding=Congress has the authority to decide how constitutional amendments will be ratified in accordance with the options provided in Article Five.
SCOTUS=1930-1932
Majority=Roberts
JoinMajority=Holmes, Devanter, McReynolds, Brandeis, Sutherland, Butler, Stone, Roberts
Concurrence=
JoinConcurrence=
Concurrence2=
JoinConcurrence2=
Concurrence/Dissent=
JoinConcurrence/Dissent=
Dissent=
JoinDissent=
Dissent2=
JoinDissent2=
NotParticipating=Hughes
LawsApplied=U.S. Const. art. V

"United States v. Sprague", ussc|282|716|1931 was a United States Supreme Court case that dealt with the Fifth Article of the US Constitution. The defendants had been indicted under the National Prohibition Act and were attempting to quash their indictments, arguing that the Eighteenth Amendment had not been properly ratified. Their reasoning was that the Congress of the United States had chosen to ratify it by usage of state legislatures instead of constitutional conventions. If this were held true, Congress would have exceeded its authority in passing the NPA. The court did not agree, however, ruling that the Constitution explicitly authorized Congress to determine the method used in ratifying amendments. In part, Article Five states that any amendment "shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress" (emphasis added). Furthermore, the court rejected the defendants' claim that the Eighteenth Amendment needed to be ratified by state conventions since "all [previous amendments] save the Eighteenth dealt solely with governmental means and machinery rather than with the rights of the individual citizen." The constitution does not make a difference between types of amendments, the court held, so the amendment, "by lawful proposal and ratification, has become a part of the Constitution."

ee also

*List of United States Supreme Court cases, volume 282

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=282&invol=716 United States v. Sprague decision]


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • United States District Court for the District of Massachusetts — (D. Mass.) Map …   Wikipedia

  • United States Senate election in Massachusetts, 1936 — 1930 ← November 1936 → 1942 …   Wikipedia

  • United States House of Representatives elections, 1824 — The elections for the United States House of Representatives in 1824 coincided with the contentious presidential election of that year. There were 213 seats in the House up for election, and those elected served in the 19th United States Congress …   Wikipedia

  • United States at the 1992 Summer Olympics — Infobox Olympics United States games=1992 Summer competitors= sports= flagbearer=Francie Smith (opening) Peter Westbrook (closing) gold=37 silver=34 bronze=37 total=108 rank=2The United States competed at the 1992 Summer Olympics in Barcelona,… …   Wikipedia

  • United States congressional delegations from Michigan — This is a complete listing of all historical congressional delegations from Michigan to the United States Senate and United States House of Representatives.United States SenateNotesThe following notes are not in chronological order.* In 1962,… …   Wikipedia

  • United States Senate Committee on Energy and Natural Resources — The United States Senate Committee on Energy and Natural Resources has jurisdiction over matters related to energy and nuclear waste policy, territorial policy, native Hawaiian matters, and public lands. Its roots go back to the Committee on… …   Wikipedia

  • United States Senate Committee on Energy and Natural Resources — Das United States Senate Committee on Energy and Natural Resources ist ein Ausschuss des US Senats, der sich mit Energie, atomaren Abfall, dem öffentlichen Land und Angelegenheiten der hawaiischen Ureinwohner befasst. Der Ausschuss hat seine… …   Deutsch Wikipedia

  • List of United States Supreme Court cases, volume 282 — This is a list of all the United States Supreme Court cases from volume 282 of the United States Reports :* Beidler v. South Carolina Tax Comm n , 282 U.S. 1 (1930) * Stratton v. St. Louis Southwestern R. Co. , 282 U.S. 10 (1930) * Klein v. Board …   Wikipedia

  • Convention to propose amendments to the United States Constitution — A Convention to propose amendments to the United States Constitution, also called an Article V Convention, or Amendments Convention, is one of two alternative procedures for proposing amendments to the United States Constitution described in… …   Wikipedia

  • Tenth Amendment to the United States Constitution — The Tenth Amendment (Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.TextHistory and case lawThe Tenth Amendment is similar to an earlier provision of the Articles of… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”