THE SCOPE OF THE FEDERAL AMENDING POWER

The most recent and undoubtedly the most important problem which has arisen with respect to the process of amending the federal Constitution is the scope of the power to amend. The early case of Hollingsworth v. Virginia simply went to the question of procedure. The Supreme Court never considered the matter until the validity of the Eighteenth Amendment was assailed among other grounds for defects in substance. The briefs in the cases on the Eighteenth and Nineteenth Amendments contained extensive discussions on the subject, and the court actually rendered decisions disposing of the question.