16th Amendment not Ratified
In his declaration Knox claims the following States properly ratified the 16th: Alabama,Kentucky, South Carolina, Illinois, Mississippi, Oklahoma, Maryland, Georgia, Texas, Ohio, Idaho, Oregon, Washington, California, Montana, Indiana, Nevada, North Carolina, Nebraska, Kansas, Colorado, North Dakota, Michigan, Iowa, Missouri, Mane, Tennessee, Arkansas, Wisconsin, New York, South Dakota, Arizona, Minnesota, Louisiana, Delaware, and Wyoming.
Knox claimed that it appeared that New Jersey and New Mexico had approved the 16th.
NOTE Knox, claimed that he had official documents on file for all of these States, however, clearly there were no documents for Minnesota.
Again, the incorporation of the terms of the proposed amendment in the ratifying resolution seems in every case merely to have been by way or recitation.
Furthermore, under the provisions of the Constitution a legislature is not authorized to alter in any way the amendment proposed by Congress, the function of the legislature consisting merely in the right to approve or disapprove the proposed amendment.
Proof is given in a letter to Secretary of State Knox the fact that the 16th Amendment was not properly ratified:
P5: not-withstanding it appears that errors exist in the certified copies of Resolutions passed by the Legislatures of those States ratifying such amendment.
P5: 5. The Department has not received a copy of the Resolution passed by the State of Minnesota.
Resolution P3: It appears from this information that four states
Resolution P4: New Hampshire, Rhode Island, and Utah) have rejected the amendment. The remaining thirty-eight states have taken action purporting to ratify the amendment, the State of Arkansas being one of these states. Although the Governor of Arkansas has previously notified the Department that the legislature of that state had refused to ratify the amendment…
Resolution P4: In all cases in which the legislature appear to have acted favorably upon the proposed amendment, either the Governor or some other state official has transmitted to the Department a certified copy of the resolution passed by the particular legislature, except in the case of Minnesota.
Alabama: “Approved”. Doesn’t appear whether Governor signed.
Kentucky: Not signed by Governor.
Illinois: Not signed by Governor
Not “Adopted” only signed by Governors of:
Oklahoma, Texas, Montana, Indiana, Nebraska, Colorado, North Dakota, Iowa, New Jersey, New Mexico
Not signed by Governor:
Maryland, Georgia, Ohio, Idaho, Oregon, Washington, California, North Carolina, Missouri, Wisconsin, New York, South Dakota, Delaware
Attested by Governor:
Governor vetoed-Governor informed Secretary of State legislature had failed to pass resolution: Arkansas
No resolution (Secretary of Governor merely says there is a
It will be observed from the above record that the Governor of the State of Arkansas vetoed the resolution passed by the legislature of that State.
LFL NOTE: Law must be signed into law by the Governor / President before it is law: Article I, Section 7: “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it”
Page 6: It is to be noted that the Kentucky legislature passed a resolution ratifying the proposed 16th Amendment before a copy of the resolution of Congress was transmitted to that body by the Governor and that when the Governor reserved the certified copy of the Joint Resolution of Congress from the Secretary of State and transmitted it to the legislature, the latter refused to act on it.
Errors in Resolutions of State Legislature in quoting the Proposed
In the certified copies of the resolution passed by the legislature of the several state ratifying the proposed 16th amendment, it appears that only four of these resolutions (those submitted by Arizona, North Dakota, Tennessee and New Mexico) have quoted absolutely accurately and correctly the 16th amendment as proposed by Congress.
Minnesota, it is to be remembered, did not transmit to the Department a copy of the resolution passed by the legislature of that state.
The resolutions passed by twenty-two states contain errors only of capitalization or punctuation, or both, while those of eleven states contain errors in the wording.
LFL NOTE: the letter then goes attempting to justify ratification by showing errors in the 14th and 15th Amendment ratification process. Actually providing an excellent source of information invalidating the 14th Amendment.
P15: Furthermore, under the provisions of the Constitution a
legislature is not authorized to alter in any way the amendment proposed
P16: For these reasons it is believed that the Secretary of State should in the present instance include in his declaration announcing the adoption of the 16th amendment to the Constitution of the States referred to notwithstanding it appears that errors exist in certified copies of Resolutions passed by the Legislature of those States ratifying such amendment.