e of article V too clear to admit of reading any
exceptions into it by implication.

The term "legislatures" as used in article V means deliberative,
representative bodies of the type which in 1789 exercised the
legislative power in the several States. It does not comprehend the
popular referendum which has subsequently become a part of the
legislative process in many of the States, nor may a State validly
condition ratification of a proposed constitutional amendment on its
approval by such a referendum.[16] In the words of the Court: "* * * the
function of a State legislature in ratifying a proposed amendment to the
Federal Constitution, like the function of Congress in proposing the
amendment, is a federal function derived from the Federal Constitution;
and it transcends any limitations sought to be imposed by the people of
a State."[17]

Authentication and Proclamation

Formerly official notice from a State legislature, duly authenticated,
that it had ratified a proposed amendment went to the Secretary of
State, upon whom it was binding, "being certified by his proclamation,
[was] conclusive upon the courts" as against any objection which might
be subsequently raised as to the regularity of the legislative procedure
by which ratification was brought about.[18] This function of the
Secretary, purely ministerial in character, was, however, derived from
an act of Congress, and was recently transferred to a functionary called
Administrator of General Services.[19] In Dillon _v._ Gloss,[20] the
Supreme Court held that the Eighteenth Amendment became operative on the
date of ratification by the thirty-sixth State, rather than on the later
date of the proclamation issued by the Secretary of State, and doubtless
the same rule holds as to a similar proclamation by the Administrator.

JUDICIAL REVIEW UNDER ARTICLE V

Prior to 1939, the Supreme Court had taken cognizance of a number of
diverse objections to the validity of specific amendments. Apart from
holding that official notice of ratification by the several States was
conclusive upon the courts,[21] it had treated these questions as
justiciable, although it had uniformly rejected them on the merits. In
that year, however, the whole subject was thrown into confusion by the
inconclusive decision in Coleman _v._ Miller.[22] This case came up on a
writ of certiorari to the Supreme Court of Kansas to review the denial
of a writ of mandamus to compel the Secretary of t