Coleman v. Miller (ERA ratification SCOTUS)
Legal Issues
The Facts
Kansas had initially voted to ratify then to reject the Child Labor Amendment. Senator Coleman sought a declaration that Kansas had lost its power to ratify. The Court addressed whether a state could rescind ratification and whether a concurrent resolution extending ratification was valid.
The Issue
Whether states may rescind ratification of a constitutional amendment
Whether Congress may extend the time for ratification by concurrent resolution
The Rules
Article V constitutional amendment procedure
Political question doctrine
Congressional power over the ratification process
The Application
When Kansas attempted to rescind its ratification of the Child Labor Amendment and challenged a congressional resolution extending the ratification period, the Court faced the question of whether these amendment-process disputes were justiciable or political questions. Applying its political-question doctrine, the Court held that because the Constitution assigns Congress the role of determining whether an amendment is properly ratified, questions whether a state could rescind and whether time could expire on a pending amendment were committed to Congress's judgment rather than subject to judicial review. The Court thus declined to overturn Kansas's rescission or invalidate the congressional extension, leaving those determinations to Congress's discretion under Article V.
The Conclusion
Court held ratification rescission and extension questions were political questions for Congress, not courts. Foundational Article V and political question precedent.
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