CONSTITUTIONAL LAW-VALIDITY OF THE EIGHTEENTH AMENDMENT

Authors

Abstract

Defendants were indicted for violation of the National Prohibition Act, and on motion to quash they argued that the Eighteenth Amendment under which this statute was enacted conferred new direct powers upon the United States and, within the intent of Article V of the Constitution, could not be properly ratified except by convention. The lower court, on a theory of political interpretation, agreed; indictment quashed. On appeal to the Supreme Court it was held, that the Eighteenth Amendment was lawfully ratified by a method clearly and unequivocally left to the election of Congress. United States v. Sprague, U. S. Sup. Ct. 1931, Adv. Op. No. 606.

Recommended Citation

CONSTITUTIONAL LAW-VALIDITY OF THE EIGHTEENTH AMENDMENT, 29 Mich. L. Rev. 777 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/21