he Kansas Senate to
erase an endorsement on a resolution ratifying the proposed child labor
amendment to the Constitution to the effect that it had been adopted by
the Kansas Senate. The attempted ratification was assailed on three
grounds: (1) that the amendment had been previously rejected by the
State legislature; (2) that it was no longer open to ratification
because an unreasonable period of time, thirteen years, had elapsed
since its submission to the States, and (3) that the lieutenant governor
had no right to cast the deciding vote in the Senate in favor of
ratification. Four opinions were written in the Supreme Court, no one of
which commanded the support of more than four members of the Court. The
majority ruled that the plaintiffs, members of the Kansas State Senate,
had a sufficient interest in the controversy to give the federal courts
jurisdiction to review the case. Without agreement as to the grounds for
their decision, a different majority affirmed the judgment of the Kansas
court denying the relief sought. Four members who concurred in the
result had voted to dismiss the writ on the ground that the amending
process "is 'political' in its entirety, from submission until an
amendment becomes part of the Constitution, and is not subject to
judicial guidance, control or interference at any point."[23] Whether
the contention that the lieutenant governor should have been permitted
to cast the deciding vote in favor of ratification presented a
justiciable controversy was left undecided, the Court being equally
divided on the point.[24] In an opinion reported as "the opinion of the
Court," but in which it appears that only three Justices concurred,
Chief Justice Hughes declared that the writ of mandamus was properly
denied because the question as to the effect of the previous rejection
of the amendment and the lapse of time since it was submitted to the
States were political questions which should be left to Congress.[25] On
the same day, the Court dismissed a writ of certiorari to review a
decision of the Kentucky Court of Appeals declaring the action of the
Kentucky General Assembly purporting to ratify the child labor amendment
illegal and void. Inasmuch as the governor had forwarded the certified
copy of the resolution to the Secretary of State before being served
with a copy of the restraining order issued by the State court, the
Supreme Court found that there was no longer a controversy susceptible
of jud