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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Page 48
... ment . Mr. Justice Day , for the majority , said that " the act in its effect does not regulate transportation among the states , but aims to standardize the ages at which children may be employed in mining and manufacturing within the ...
... ment . Mr. Justice Day , for the majority , said that " the act in its effect does not regulate transportation among the states , but aims to standardize the ages at which children may be employed in mining and manufacturing within the ...
Page 59
... ment of the federal government , as this bore on the question " ( 1918 ) 247 U. S. 105 . 10 McGinnis v . California , ( 1918 ) 247 U. S. 91 , and Same v . Same , 247 U. S. 95 . whether the goods were in transit when seized . The ...
... ment of the federal government , as this bore on the question " ( 1918 ) 247 U. S. 105 . 10 McGinnis v . California , ( 1918 ) 247 U. S. 91 , and Same v . Same , 247 U. S. 95 . whether the goods were in transit when seized . The ...
Page 61
... ment against a state as a state be enforced against it as such , including the right to the extent necessary for so doing of exert- ing authority over the governmental powers and agencies pos- sessed by the state ? " And the court ...
... ment against a state as a state be enforced against it as such , including the right to the extent necessary for so doing of exert- ing authority over the governmental powers and agencies pos- sessed by the state ? " And the court ...
Page 70
... ment of the case included the information that the deposits were not used by the owner in his Missouri business , but be- longed absolutely to him ; but this element was not mentioned in the opinion . The Kentucky tax was said to be one ...
... ment of the case included the information that the deposits were not used by the owner in his Missouri business , but be- longed absolutely to him ; but this element was not mentioned in the opinion . The Kentucky tax was said to be one ...
Page 72
... ment . On this point Mr. Justice Holmes remarked : " But it is not necessarily true that income means the same thing in the Constitution and the Act . A word is not a crystal , transparent and unchanged , it is the skin of a living ...
... ment . On this point Mr. Justice Holmes remarked : " But it is not necessarily true that income means the same thing in the Constitution and the Act . A word is not a crystal , transparent and unchanged , it is the skin of a living ...
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21 MICH 22 COLUM 29 YALE 31 YALE 35 HARV action administrative alleged applied assessment authority cars Chief Justice citizens claim commerce clause Commission compensation complained constitutional issue contract CORNELL L. Q. decision declared defendant denied dissented district court due process eminent domain employees enforce exercise fact federal courts Fifth Amendment foreign corporations Fourteenth Amendment franchise ground Harvard Law Review held immunity imposed injunction interstate commerce Interstate Commerce Commission involved judgment judicial jurisdiction jury Justice Brandeis Justice Clarke Justice Day Justice Holmes Justice McKenna Justice McReynolds Justice Pitney Justice Van Devanter legislation liability limit liquor ment MINN Missouri opinion plaintiff police power Political Science power of Congress proceedings process of law prohibition provision railroad rates regulation rule statute suit supra Supreme Court sustained taxation tion treaty United validity violation YALE L. J. Yale Law Journal
Popular passages
Page 139 - 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 139 - 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 139 - 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 2 - 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 52 - 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 2 - Rights guaranteed by the Federal Constitution are not to be so lightly treated ; they are superior to this supposed necessity. The State is forbidden to deny due process of law or the equal protection of the laws for any purpose whatsoever.