HKB
[277] Hawaii v. Mankichi, 190 U.S. 197 (1903); R.M.C. Littler, The Governance of Hawaii, Chap. III (1929).
[278] American Ins. Co. v. Canter, 1 Pet. 511, 546 (1828). See also Romeu v. Todd, 206 U.S. 358, 368 (1907); United States v. McMillan, 165 U.S. 504, 510 (1897); McAllister v. United States, 141 U.S. 174, 180 (1891); The "City of Panama" v. Phelps, 101 U.S. 453, 460 (1880); Reynolds v. United States, 98 U.S. 145, 154 (1879); Hornbuckle v. Toombs, 18 Wall. 648, 655 (1874); Clinton v. Englebrecht, 13 Wall. 434, 447 (1872).
[279] American Ins. Co. v. Canter, 1 Pet. 511, 545 (1828).
[280] 7 How. 1 (1849).
[281] Ibid. 42. See also Ohio ex rel. Bryant v. Akron Metropolitan Park District, 281 U.S. 74, 80 (1930); Mountain Timber Co. v. Washington, 243 U.S. 219, 234 (1917).
[282] 7 Wall. 700, 729 (1869).
[283] Pacific States Teleph. & Teleg. Co. v. Oregon, 223 U.S. 118 (1912); Kiernan v. Portland, 223 U.S. 151 (1912); Ohio ex rel. Davis v. Hildebrant, 241 U.S. 565 (1916).
[284] Ohio ex rel. Bryant v. Akron Metropolitan Park District, 281 U.S. 74, 80 (1930); O'Neill v. Leamer, 239 U.S. 244 (1915); Highland Farms Dairy Inc. v. Agnew, 300 U.S. 608, 612 (1937); Forsyth v. Hammond, 166 U.S. 506, 519 (1897).
[285] Taylor v. Beckham, 178 U.S. 548 (1900). See also Marshall v. Dye, 231 U.S. 250 (1914).
[286] Minor v. Happersett, 21 Wall. 162, 175 (1875).
[287] 7 How. 1 (1849).
[288] 1 Stat. 424 (1795).
[289] 7 How. 1, 43 (1849).
[290] 158 U.S. 564 (1895).
[291] Ibid. 582.
[292] On the decline in observance of the formalities required by the provision both before and during World War I, see Corwin, The President, Office and Powers (3d ed., 1948), 164-166.
ARTICLE V
MODE OF AMENDMENT
Page Amendment of the Constitution 711 Scope of the amending power 711 Procedure of adoption 712 Submission of amendment 712 Ratification 712 Authentication and proclamation 713 Judicial review under article V 714
MODE OF AMENDMENT
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Amendment of the Constitution
SCOPE OF AMENDING POWER