Constitutional Law in 1917-1918: The Constitutional Decisions of the Supreme Court of the United States in the Oct.term,1917
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31 YALE 33 HARV action administrative allowed Amendment applied assessment authority bank brought charged citizens claim Clarke clause COLUM Commission compensation complained Congress considered constitutional construction contract corporation decided decision defendant denied determine discussions dissent district due process effect employees enforce evidence exercise fact federal finding foreign give granted ground Harvard Law Review held holding imposed income interstate commerce involved issue judgment judicial jurisdiction Justice Brandeis Justice Holmes land Law Review legislation limit liquor majority matter means ment Michigan objection officers opinion original passed persons plaintiff practice present principle proceedings prohibition protection provision question railroad raised rates reason regarded regulation relation removal result rule saying statute suit Supreme Court sustained taking taxation term thought tion United validity YALE L. J. York
Page 27 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Page 27 - After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Page 19 - ... free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment. Every year if not every day we have to wager our salvation upon some prophecy based upon imperfect knowledge.
Page 27 - It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right.
Page 8 - Acts of Congress are the supreme law of the land only when made in pursuance of the Constitution, while treaties are declared to be so when made under the authority of the United States. It is open to question whether the authority of the United States means more than the formal acts prescribed to make the convention.
Page 70 - A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.
Page 68 - States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment...
Page 19 - In this case sentences of twenty years imprisonment have been imposed for the publishing of two leaflets that I believe the defendants had as much right to publish as the Government has to publish the Constitution of the United States now vainly invoked by them...
Page 19 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas, that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.