United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dillon v. Gloss, 256 U.S. 368 (1921)

Dillon v. Gloss

No. 251

Argued March 22, 1921

Decided May 16, 1921

256 U.S. 368

Syllabus

1. Article V of the Constitution implies that amendments submitted thereunder must be ratified, if at all, within some reasonable time after their proposal. Pp. 256 U. S. 371, 256 U. S. 374.

2. Under this Article, Congress, in proposing an amendment, may fix a reasonable time for ratification. P. 256 U. S. 375.

3. The period of seven years, fixed by Congress in the resolution proposing the Eighteenth Amendment was reasonable. P. 256 U. S. 376.

4. The Eighteenth Amendment became a part of the Constitution on January 16, 1919, when, as the Court notices judicially, its ratification in the state legislatures was consummated, not on January 29, 1919, when the ratification was proclaimed by the Secretary of State. P. 256 U. S. 376.

5. As this Amendment, by its own terms, was to go into effect one year after being ratified, §§ 3 and 26, Title II, of the National Prohibition Act, which, by § 21, Title III, were to be in force from and after the effective date of the Amendment, were in force on January 16, 1920. P. 256 U. S. 376.

262 F.5d 3 affirmed.

The case is stated in the opinion.

Page 256 U. S. 370