Of the 48 states in the Union in 1924, five have taken no action of record on the amendment: Alabama, Mississippi, Nebraska, New York and Rhode Island. Neither have Alaska or Hawaii, which became states in 1959. Because there are now 50 states in the Union, it cannot become law unless it is ratified by 38 states (an additional 10), although when it was submitted to the states 36 ratifications were enough.