Hawke v. Smith (No. 1)
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The case is stated in the opinion. The Constitution of the United States does not require that the States shall have any particular form of legislature. The people of the States have the power to abolish their general assemblies and to take into their own hands all matters of legislation.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. The case is stated in the opinion. The Constitution of the United States does not require that the States shall have any particular form of legislature. The people of the States have the power to abolish their general assemblies and to take into their own hands all matters of legislation. They have the power to provide that no legislation shall be enacted by the general assembly without being first submitted to the people for approval. And they have -the power to do, as they have in fact done, in all referendum States, namely, to provide that…
1Opinion of the CourtJustice Day
Plaintiff in error (plaintiff below) filed a petition for an injunction in the Court of Common Pleas of Franklin County, Ohio, seeking to enjoin the Secretary of State of Ohio from spending the public money in preparing and printing forms of ballot for submission of a referendum-to the electors of that State on the question of the ratification which the General Assembly had made of the proposed Eighteenth Amendment to the Federal Constitution. A demurrer to the- petition was sustained in the Court of Common Pleas. Its judgment was affirmed by the Court of Appeals of Franklin County, which…
2Cases cited4 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Dodge v. WoolseySupreme Court of the United States · 1856
- Ohio Ex Rel. Davis v. HildebrantSupreme Court of the United States · 1916
- Hollingsworth v. VirginiaSupreme Court of the United States · 1798
3Cited by132 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Coleman v. MillerSupreme Court of the United States · 1939
- U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
- Smiley v. HolmSupreme Court of the United States · 1932
- Arizona State Legislature v. Arizona Independent Redistricting Comm'nSupreme Court of the United States · 2015
127 more not listed; retrieve them via the Exa API.