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 59
... rule to apply to such transactions . Mr. Justice Holmes observed that the character of the inter- course was to be determined by " practice , intent and the typical course , " and not by " title or niceties of form . " and he declared ...
... rule to apply to such transactions . Mr. Justice Holmes observed that the character of the inter- course was to be determined by " practice , intent and the typical course , " and not by " title or niceties of form . " and he declared ...
Page 67
... rule relied on by the minority indicates plainly that the determining issue in each case must be one of policy . Mr. Justice Holmes seems to recog- nize a difficulty in his position when he remarks that " it may be said that to argue ...
... rule relied on by the minority indicates plainly that the determining issue in each case must be one of policy . Mr. Justice Holmes seems to recog- nize a difficulty in his position when he remarks that " it may be said that to argue ...
Page 69
... rule that mere errors of judgment will not support a claim of unconstitutional discrimination . $ 2 Note 10 , supra . 53 Note 16 , supra . 54 ( 1910 ) 216 U. S. 400 . 55 ( 1918 ) 247 U. S. 350 . 56 se Raymond v . Chicago Union Traction ...
... rule that mere errors of judgment will not support a claim of unconstitutional discrimination . $ 2 Note 10 , supra . 53 Note 16 , supra . 54 ( 1910 ) 216 U. S. 400 . 55 ( 1918 ) 247 U. S. 350 . 56 se Raymond v . Chicago Union Traction ...
Page 71
... rules of jurisdiction over chattels were declared not to extend to intangibles . That the taxing power may be used to raise funds to establish a municipal wood yard to sell fuel without profit was decided in Jones v . Portland.60 The ...
... rules of jurisdiction over chattels were declared not to extend to intangibles . That the taxing power may be used to raise funds to establish a municipal wood yard to sell fuel without profit was decided in Jones v . Portland.60 The ...
Page 80
... rules of descent for lands allotted to Indians were legislative rather than contractual , and so might be altered as to any land not already passed to the heir by de- scent from the owner . As in the preceding triennium , all the ...
... rules of descent for lands allotted to Indians were legislative rather than contractual , and so might be altered as to any land not already passed to the heir by de- scent from the owner . As in the preceding triennium , all the ...
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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.