What is the name of your state? Washington
Why are these amendments held as valid if:
In Collier v. Frierson, 24 Ala. 100, 109 (1854), this court invalidated an amendment to the state constitution for the reason that it had not been properly adopted. Here, the court held:
Why are these amendments held as valid if:
The 16th Amendment was a Senate Joint Resolution, this means it originated in the Senate. You can find an image of the document on Wikipedia. S J Res 41 – Passed Monday, March 15th 1909. In addition, Every order, resolution, or vote.... shall be presented to the president of the United States. That's 2 strikes, the President was never presented with the amendment. No signature was ever applied. Also, there is no repeal provision or expression that strikes out any other part of the constitution that it may oppose, making it inactionable, null & void according to the "Rules of Construction".Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
As a matter of fact, almost all of the amendments proposed and passed by the several states lacked repeal provisions or expressions. Meaning there are opposing clauses in the Constitution. Had the many state legislatures been aware that the amendment actually changed the constitution, they may have discussed the reasoning for the constitution to have enacted the apportionment restriction. (If they were even aware of such.)Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
In Collier v. Frierson, 24 Ala. 100, 109 (1854), this court invalidated an amendment to the state constitution for the reason that it had not been properly adopted. Here, the court held:
Origin of the word amend : c.1220, "to free from faults, rectify," from Old French amender, from Latin emendare "to correct, free from fault," from ex- "out" + menda "fault, blemish" (cognate with Skt. minda "physical blemish," Old Irish mennar "stain, blemish," Welsh mann "sign, mark"). Supplanted in senses of "repair, cure" by its aphetic offspring mend (q.v.). Amendment "alteration of a writ or bill" (to remove its faults) is 1607. Amends, collective singular, is first recorded c.1314.What is the name of your state?"It has been said, that certain acts are to be done - certain requisitions are to be observed, before a change can be effected. But to what purpose are these acts required, or these requisitions enjoined, if the Legislature or any other department of the government, can dispense with them. To do so, would be to violate the instrument which they are sworn to support; and every principle of public law and sound constitutional policy requires the courts to pronounce against every amendment, which is shown not to have been made in accordance with the rules prescribed by the fundamental law."