How long after an Amendment has been proposed must it be ratified according to the US Supreme Court?

Background There is no specific time allotment. The US Constitution contains a provision, Article V, that allows for future Amendments to the document as circumstances require. The text specifies where the proposed Amendment originates (Congress); the required portion of votes need to send the proposal to the states (two-thirds of both the House and Senate); and how ratification is completed (by approval in the legislatures or conventions of three-fourths of the states).

The primary constraint is that Congress cannot deprive the states of an equal vote in the Senate Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article, and that no state, without its consent, shall be deprived of its equal suffrage in the Senate As with other parts of the Constitution, the framers left considerable latitude for implementing the Article The 18th Amendment On December 18, 1917, Congress approved the proposed 18th Amendment, popularly known as Prohibition, which would create a national ban on the manufacture, sale, transportation, importation, and exportation of intoxicating liquors for beverage purposes (liquor was also used for medicinal purposes). The legislation was released to the states with a seven-year deadline for consideration and voting to support or deny ratification By January 16, 1919, thirty-six states had ratified the proposal, and the 18th Amendment was officially adopted on that day, to take effect one year later, on January 17, 1920. The Secretary of State announced the new Amendment to the public on January 29, 1920 In October of that year Congress passed the National Prohibition Act (also called the Volstead Act) as a way of executing the 18th Amendment by outlining the rule of law and affixing penalties for its violation.

Although President Wilson vetoed the legislation, Congress overrode his veto Dillon v. Gloss 256 US 368 (1921) On January 18, 1920, Dillon was arrested for transporting alcohol in violation of Title II of the Volstead Act and petitioned the District Court for a writ of habeas corpus. Dillon's attorney contested the arrest as unconstitutional on the grounds that Congress had affixed a deadline for ratification, which they had never done in the past, and which wasn't approved by Article V.

He also claimed his client was apprehended prematurely, because the law wasn't intended to take effect until one year following the Amendment's adoption, which he calculated as January 30, 1920 The case was appealed to the Supreme Court, which made two important declarations: That Article V implies an amendment must be ratified, if at all, within a reasonable time following its proposal; and barring a specific constitutional prohibition, Congress had the right to set a time limit on ratification to ensure a timely decision They also upheld January 16 as the date of adoption, which meant Dillon was arrested one day after the law took affect. Therefore, his conviction was affirmed ( Dillon v. Gloss (1921) becomes important in the next section.) The Child Labor Amendment In 1924, Congress proposed and approved the Child Labor Amendment, which gave the United States government the "power to limit, regulate, and prohibit the labor of persons under eighteen years of age.

" It also contained a provision that the Amendment would supersede any relevant state laws.

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