Coleman v. Miller

Background

A group of Kansas legislators challenged their own legislature’s 1937 vote to ratify a proposed Child Labor Amendment. The Senate vote was 20 to 20 and the Lieutenant Governor broke the tie in favor; the House then approved the resolution. Petitioners asked the Kansas court to require the Senate record to show the resolution “was not passed” and to stop officers from signing or sending the ratification to the Governor and the U.S. Secretary of State. They pointed out that Kansas had earlier rejected the amendment in 1925 and argued the change and long delay made the proposal dead.

Reasoning

The U.S. Court reviewed whether it could hear the case and then the substance. It concluded the Kansas senators had enough of a personal interest to invoke review. On the main issues, the Court held that judges should not block state officers from certifying a legislature’s ratification. The Court treated questions about whether an earlier rejection or a long lapse of time had killed the proposal as political matters. It said Congress — not the courts — has the final role in deciding when an amendment’s ratification should be recognized for publication and proclamation.

Real world impact

The decision lets Kansas officials complete and send a certification of ratification for the Child Labor Amendment. It also means that disputes about how long an amendment remains “open” for ratification, or whether a State may act after earlier rejection, are for Congress and the political branches to decide rather than for courts to resolve.

Dissents or concurrances

Some Justices would have dismissed the case for lack of standing; one Justice dissented, arguing courts should decide whether the long delay made the amendment ineffective.