Fairchild v. Hughes

258 U.S. 126 (1922)

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Nature of the Case

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Facts

On July 7, 1920, P brought this suit in the Supreme Court of the District of Columbia against D. P wanted the Suffrage Amendment [the Nineteenth to the Federal Constitution] to be declared unconstitutional and void'; that the Secretary of State be restrained from issuing any proclamation declaring that it has been ratified; and that the Attorney General be restrained from enforcing it. There was a prayer for general relief and for an interlocutory injunction. The legislatures of thirty-four of the States had passed resolutions purporting to ratify the Suffrage Amendment; and from one other State, the Secretary of State of the United States has received a certificate to that effect purporting to come from the proper officer. The Secretary declared that he is without power to examine the validity of alleged acts of ratification, and that, upon receiving from one additional State the customary certificate, he will issue a proclamation declaring that the Suffrage Amendment has been adopted. 'A force bill' has been introduced in the Senate which provides fines and imprisonment for any person who refuses to allow women to vote; and if the bill is enacted, the Attorney General will be required to enforce its provisions. Adoption of the Amendment would lead election officers to permit women to vote in States whose constitutions limit suffrage to men. P claims this would prevent ascertainment of the wishes of the legally qualified voters, and elections, state and federal, would be void. Free citizens would be deprived of their right to have such elections duly held; the effectiveness of their votes would be diminished; and election expenses would be nearly doubled. Ds moved to dismiss the bill. It was dismissed and the Court of Appeals affirmed. The Supreme Court granted certiorari.