Milestones: February 27, 2024
19TH AMENDMENT UPHELD — THE 19TH AMENDMENT PREVAILED WHEN, on Feb. 27, 1922, the U.S. Supreme Court unanimously dismissed a challenge to the women’s right to vote. The plaintiffs in the landmark case, Lesser v. Garnett, challenged the 19th Amendment on three grounds: that the power to amend the Constitution did not apply to this particular nature; that states had constitutions with language prohibiting women from voting, even though these same states had ratified the amendment; and the ratifications from Tennessee and West Virginia were not valid to begin with because they hadn’t followed the rules of legislative procedure. However, Justice Louis Brandeis refuted each of these claims writing in a unanimous decision; one, that the long-established 15th Amendment had already covered a similar voting rights issue (on race); that state legislatures operating in a federal capacity according to the Constitution took precedence over state law; and that additional states’ ratifications rendered the argument moot.
The nation’s highest court also found that the Secretary of State had already accepted the ratifications by the legislatures of Tennessee and West Virginia as valid.
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