Ever done any research on the 16th amendment?
No, but you've prompted me to.
How so? One vote of... What?
The house passed the resolution to send the amendment to the states for ratification by a vote of 318-14 (with 1 voting "Present" and 55 not voting). I haven't been able to find the Senate vote total yet.
I did get into the weeds on this part a bit, going so far as to read the transcript of the proceedings of Congress on the day the resolution to propose it to the States for ratification was passed. Boy, what a different age... This sort of discussion seems very lighthearted and jovial compared to the highly partisan bickering of today, even when they were talking about opposing parties:
("Mr. PAYNE" is Rep.
Sereno E. Payne, R-NY, who served from 1883-1914 minus 1887-1889 in five different districts and was the first House Majority Leader from 1899-1911. "Mr. CLARK" is
James Beauchamp Clark, D-MO, who served from 1893-1921 minus 1895-1897 and was the House Minority Leader at this time.)
Mr. PAYNE. Mr. Speaker, I am willing to have any reasonable time for debate, if we can have a conclusive vote upon the subject today. As far as I am concerned personally, my presence is greatly desired at the other end of the Capitol, or at least it seems necessary, on account of the conference on the tariff bill.
Mr. CLARK of Missouri. Do you know whether my presence and that of the other Democratic conferees is wanted over there?
[Laughter.]
Mr. PAYNE. My friend is more favorably situated, as far as that is concerned, so that he can attend to his duties in the House much more easily than I can.
[Laughter.]
2 states voted in the affirmative, that weren't really states. Their state constitutions hadn't been ratified by congress yet.
The amendment was ratified by 41 states and only 36 were needed. The Ohio argument is kinda silly - it rests on the lack of a proclamation recognizing the date of admission to the union back in 1803 even though Congress *did* ratify Ohio's boundaries and constitution. What was the other state?
I believe 2 other states that voted in the affirmative, had changed the wording, which isn't allowed.
Technically only four of them delivered it back unmodified in their instruments of ratification. Secretary Knox considered this, but most of the "modifications" were simple errors of capitalization, punctuation, or spelling. The Solicitor General of the State Department made a list of all the errors and considered their significance in addition to comparing them with similar errors made on other amendments and advised Knox to go ahead and declare the amendment adopted.
Interesting to consider how the much lower literacy rates prior to widespread public education may have affected this.
The Secretary of State at the time, I believe his name was Knox, was hit by gunfire and died the day after him certifying the vote.
Philander C. Knox... But no, he was never shot. He proclaimed the amendment ratified on Feb. 25, 1913, shortly before the end of the Taft administration. He returned to private law practice, then was reelected to the Senate in 1917 before dying in 1921.
If I remember correctly, Ohio was one of the states that hadn't had their constitution ratified by congress, but the Supreme Court held it was ok, retroactive to the vote on the Amendment. An ex post facto finding.
"On February 19, 1803, U.S. president
Thomas Jefferson signed an act of Congress that approved Ohio's boundaries and constitution. But Congress had not passed a formal resolution admitting Ohio as the 17th state. Although
no formal resolution of admission was required, when the oversight was discovered in 1953, as Ohio began preparations for celebrating its sesquicentennial, Ohio congressman
George H. Bender introduced a bill in Congress to admit Ohio to the Union retroactive to March 1, 1803, the date on which the
Ohio General Assembly first convened. At a special session at the old state capital in
Chillicothe, the Ohio state legislature approved a new petition for statehood, which was delivered to
Washington, D.C., on horseback, and approved that August."
"The United States continues to recognize 1803 as the date when Ohio became a state, President
Thomas Jefferson having signed, on February 19, 1803, an act of Congress that approved Ohio's boundaries and proposed state constitution. The resolution regarding this admission signed by President
Dwight D. Eisenhower in 1953 recognizes March 1, 1803, as the date of Ohio's admittance into the Union."
If you can find the book, written in the 80's, "The Law that never Was", it's a pretty good read for conspiracy lovers.
Well, given that every conspiracy starts with twisted "facts" I'd say it's well on its way. However, the author's assertions have been explicitly ruled to be fraudulent. The author, William J. Benson, was convicted for tax evasion and was sentenced to four years in prison. But, I've gotta admire the efforts he went to to not pay his taxes!
There's some further history on the ratification of the 16th amendment here:
https://www.cato.org/sites/cato.org/files/serials/files/cato-journal/1981/5/cj1n1-10.pdf