vanced were alike unavailing. The nine members of
the Supreme Court were unanimous in sustaining the validity of the
amendment, holding that it "by lawful proposal and ratification, has
become a part of the Constitution, and must be respected and given
effect the same as other provisions of that instrument."[1] The Court,
however, adopted the very unusual course of deciding the various cases
before it (affirming four, reversing one, and dismissing the original
bills filed by the states of Rhode Island and New Jersey) without any
written opinion. Speaking through Mr. Justice Van Devanter, the Court
merely announced its conclusions. This was an unprecedented procedure in
a case involving constitutional questions of such importance. It drew
criticism from some of the members of the Court itself. Chief Justice
White said:[2]

I profoundly regret that in a case of this magnitude,
affecting as it does an amendment to the Constitution dealing
with the powers and duties of the national and state
governments, and intimately concerning the welfare of the
whole people, the court has deemed it proper to state only
ultimate conclusions without an exposition of the reasoning by
which they have been reached.

and proceeded to announce the reasons which had actuated him personally.
Justice McKenna said:[3]

The court declares conclusions only, without giving any
reasons for them. The instance may be wise--establishing a
precedent now, hereafter wisely to be imitated. It will
undoubtedly decrease the literature of the court if it does
not increase lucidity.

[Footnote 1: Id., p. 386.]

[Footnote 2: Id., p. 388.]

[Footnote 3: 253 U.S., p. 393.]

Perhaps a hint as to the reasons actuating the majority of the Court may
be found in the brief concurring memorandum of Mr. Justice McReynolds.
He said:[1]

I do not dissent from the disposition of these causes as
ordered by the Court, but confine my concurrence to that. It
is impossible now to say with fair certainty what construction
should be given to the Eighteenth Amendment. Because of the
bewilderment which it creates, a multitude of questions will
inevitably arise and demand solution here. In the
circumstances, I prefer to remain free to consider these
questions when they arrive.

[Footnote 1: Id., p. 392.]

Justices McKenna and Clarke dissented from portions of the decision