Leser v. Garnett, 258 U.S. 130 (1922)

Name: Leser v. Garnett, 258 U.S. 130 (1922) - Syllabus
Author: U.S. Supreme Court

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Leser v. Garnett

No. 553

Argued January 23, 24, 1922
Decided February 27, 1922
258 U.S. 130

ERROR AND CERTIORARI TO THE COURT OF APPEALS

OF THE STATE OF MARYLAND

Syllabus

1. A suit by qualified voters of Maryland to require the Maryland Board of Registry to strike the names of women from the register of voters upon the grounds that the state constitution limits the suffrage to men and that the Nineteenth Amendment to the federal Constitution was not validly adopted is maintainable under the Maryland law, and raises the question whether the Nineteenth Amendment has become part of the Constitution. P. 136.

2. The objection that a great addition to the electorate, made without a state’s consent, destroys its political autonomy and therefore exceeds the amending power applies no more to the Nineteenth Amendment than to the Fifteenth Amendment, which is valid beyond question. P. 136.

3. The Fifteenth Amendment does not owe its validity to adoption as a war measure and acquiescence. P. 136.

4. The function of a state legislature in passing on a proposed amendment to the federal Constitution is federal, and not subject to limitation by the people of the state. P. 137. Hawke v. Smith, 253 U.S. 221, 231.

5. Official notice from a state legislature to the Secretary of State, duly authenticated, of its adoption of a proposed amendment to the federal Constitution is conclusive upon him and, when certified to by his proclamation, is conclusive upon the courts. P. 137. Field v. Clark, 143 U.S. 649, 672-673.

139 Md. 46 affirmed.

Certiorari to a decree of the court below affirming a decision of the state trial court dismissing a petition by which the plaintiffs in error sought to require the members of the Maryland Board of Registry to strike the names of specified woman voters from the registration list.

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Chicago: U.S. Supreme Court, "Syllabus," Leser v. Garnett, 258 U.S. 130 (1922) in 258 U.S. 130 258 U.S. 131–258 U.S. 135. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=INT7KAKM1V8TKRD.

MLA: U.S. Supreme Court. "Syllabus." Leser v. Garnett, 258 U.S. 130 (1922), in 258 U.S. 130, pp. 258 U.S. 131–258 U.S. 135. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=INT7KAKM1V8TKRD.

Harvard: U.S. Supreme Court, 'Syllabus' in Leser v. Garnett, 258 U.S. 130 (1922). cited in 1922, 258 U.S. 130, pp.258 U.S. 131–258 U.S. 135. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=INT7KAKM1V8TKRD.

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