Hugo Black

“ Congress, possessing exclusive power over the amending process, cannot be bound by and is under no duty to accept the pronouncements upon that exclusive power by this Court or by the Kansas courts. Neither State nor Federal courts can review that power. Therefore, any judicial expression amounting to more than mere acknowledgment of exclusive Congressional power over the political process of amendment is a mere admonition to the Congress in the nature of an advisory opinion, given wholly without constitutional authority. ”

“ If Congressional determination that an amendment has been completed and become a part of the Constitution is final and removed from examination by the courts, as the Court's present opinion recognizes, surely the steps leading to that condition must be subject to the scrutiny, control and appraisal of none save the Congress, the body having exclusive power to make that final determination. ”

“ Foster & Elam v. Neilson, 2 Pet. 253, 309, 314, 7 L.Ed. 415; Luther v. Borden et al., 7 How. 1, 42, 12 L.Ed. 581; In re Cooper, 143 U.S. 472, 503, 12 S.Ct. 453, 460, 36 L.Ed. 232; Pacific Telephone Co. v. ”