Today in Supreme Court History: February 20, 1933

2/20/1933: The 21st Amendment is submitted to the states.

Comments

[larryseltzer]

I never noticed before that this amendment calls for ratification by state conventions. Is a state legislature required to call a convention in such cases?

[jdgalt1]

Congress spelt out that the 21st would be ratified by state conventions because they, and FDR, didn't think the state legislators then in office would agree with it.

It would defeat that purpose if the state legislatures had any option to prevent the conventions from occurring, so I assume they did not. But it would be interesting to know who decided details such as how the members of the conventions were selected.

This may be of much more than academic interest if the current effort to call a Convention of States bears fruit. Like the state ratifying conventions I would hope that Congress has no option to refuse to call it.