States cannot ratify or rescind their ratification of federal constitutional amendments through referendums, only by votes of their legislatures. Decided June 1, 1920 (argued April 23, 1920). Opinion of the Court: William R. Day → go there Topic: Federalism. Hawke v. Smith, 253 U.S. 221 (1920), was a United States Supreme Court case coming out of the state of Ohio. It challenged the constitutionality of a provision in the state constitution allowing the state legislature's ratification of federal constitutional amendments to be challenged by a petition signed by six percent of Ohio voters. This would then bring the issue to referendum. Wiki link