TABLE OF CASES

(From a careful study of this Table a clear conception may be obtained of the contradictions and incongruities which have been brought into constitutional law by decisions of late years)

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AGRICULTURAL ADJUSTMENT ACT, 1933
held unconstitutional as taxing one class for another and invading police field of States. U. S. v. Butler (1936), 297 U. S. 1 23, 133, 200
AMENDING THE CONSTITUTION
Supreme Court refused to do amending in case arising from Income Tax Law of 1894. Pollock v. Farmers' Loan, etc. (1895), 157 U. S. 429 61
not to be done by Supreme Court: Chief Justice Hughes in Bituminous Coal Case. Carter v. Carter Coal Co. (1936), 298 U. S. 238 23, 127
Eleventh Amendment adopted to overrule decision Supreme Court upholding money judgment against State. Chisholm v. Georgia (1793), 2 Dallas 419 250
"ASSUMPTIONS" by Supreme Court
assumed in case arising under law of New York that Due Process Clause of Fourteenth Amendment makes operative against States First Amendment as to freedom of speech and Press. Gitlow v. New York (1925), 268 U.S. 652 221
foregoing cited as authority for holding free Press of First Amendment likewise made applicable against States. Near v. Minnesota (1931), 283 U. S. 697 219
same proposition assumed in many other decisions. Home Owners Loan Corporation assumed to have been within power of Congress. Graves v. O'Keefe (1939), 306 U.S. 466 109
assumed, against facts available, that States could not care for needy, justifying entry for police service. Justice Cardozo in Steward Machine v. Davis (1937), 301 U. S. 548 195
BANK
held United States, without specific grant, could incorporate to aid in transaction of own fiscal business. Chief Justice Marshall in McCulloch v. Maryland (1819), 4 Wheaton 316 102
BILL OF RIGHTS (First 10 Amendments)
written against Federal power and not made applicable to States by Fourteenth Amendment. Slaughter-House Cases (1872), 16 Wallace 36 227
foregoing followed. Twining v. New Jersey (1908), 211 U. S. 78 230
BITUMINOUS COAL ACT, 1935
held unconstitutional as invasion police field of States; amendment of Constitution not for Court. Carter v. Carter Coal Co. (1936), 298 U. S. 238 23, 127
CHILD-LABOR
law of Congress under Commerce Clause prohibiting movement interstate of product of workers under 18 years, held not regulation commerce. Hammer v. Dagenhart (1918), 247 U. S. 251 86, 186
law of Congress taxing burdensomely product of workers under 18 years, held police regulation, not for revenue. Bailey v. Drexel, etc. (1922), 259 U. S. 87  
CITIZENSHIP, National, State
Fourteenth Amendment recognized and defined two citizenships. Slaughter-House Cases (1873), 16 Wallace 36 227
States retain authority over fundamental civil rights, with certain exceptions, for security of which Government established. Slaughter-House cases, before cited 227
tax by Nevada on persons leaving State held restraint on right National citizenship. Crandall v. Nevada (1880), 6 Wallace 35 226
California could not abridge National citizenship by law to exclude indigent persons. Edwards v. California (1941), 314 U. S. 160. 214
practice of law not right of National citizenship and may be denied by State. Bradwell v. Illinois (1872), 16 Wallace 130 230
National citizenship not involved where Connecticut gave defendant due process of its law. Palko v. Connecticut (1937), 302 U. S. 319 232
tax by State on importers held by Marshall violative of right National citizenship. Brown v. Maryland (1827), 12 Wheaton 419 226
no right National citizenship violated by requirement of permit to speak on Boston Common. Davis v. Massachusetts (1897), 167 U. S. 43 238
see also Bill of Rights  
COMMERCE CLAUSE
wrongfully employed by Congress in Child-Labor Act, 1916. Hammer v. Dagenhart (1918), 247 U. S. 251 86, 186
stretched against all precedents in Packers and Stockyards Act, 1921. Stafford v. Wallace (1922), 258 U. S. 495 97, 101
Sherman Law adequate in regulating packers and other shippers. U. S. v. Swift (1905), 196 U. S. 375 99
CONSPIRACY
A lawful act, when conceived by many to do damage, is conspiracy as denounced in Criminal Code of U. S. Chief Justice Fuller in Pettibone v. U. S. (1893), 148 U. S. 197 32
CONTRACT
right to denied by law of New York fixing prices for milk, and sustained. Nebbia v. New York (1934), 291 U. S. 502 171
CORPORATION
United States can create corporation only to aid in discharge of governmental functions. McCulloch v. land (1819), 4 Wheaton 316 102
COURTS
when open must be used by Government instead of other means. Ex parte Milligan (1866), 4 Wallace 2 35n
adequate in industrial (labor) disputes; strike stopped by injunction and strikers and leader fined. Held, even had Government not seized mines, court could issue injunction pending final decision upon its own jurisdiction. U. S. v. United Mine Workers (1947), 330 U. S. 258 36
DELEGATION OF POWER
Congress cannot delegate its legislative power to President, but it may pass administrative power under specified policy. Panama Oil v. Ryan (1934), 293 U. S. 388 133, 134
DIVORCE
Full Faith and Credit Clause does not require a State to give effect to a foreign decree in conflict with its public policy. Andrews v. Andrews (1903), 188 U. S. 14 93
Williams v. North Carolina (1945), 325 U. S. 226 94
judicial power to grant divorce is founded on the domicile, the place where one resides and intends to stay. Williams v. North Carolina, before cited 94
DUE PROCESS OF LAW
defined in quotation from Magna Carta. Twining v. New Jersey (1908), 211 U. S. 78 235
guaranteed against Nation by Fifth Amendment and against States by Fourteenth; "strange misconception" of scope in Fourteenth. Davidson v. New Orleans (1877), 96 U. S. 97 237-8
"this process in the States regulated by the law of the States." Walker v. Sauvinet (1875), 92 U. S. 90 235
Due Process Clause in Fourteenth Amendment "does not draw all the rights in Federal Bill of Rights under its protection," as, for example, against self-incrimination. Adamson v. California (1947), 332 U. S. 46 233
due process of law in Fourteenth Amendment "refers to the law of the land in each state," not the law of the United States; due process under National law not required of States. Hurtado v. California (1884), 110 U. S. 516 226
ELECTION OF PRESIDENT
wholly in power of States and cannot be taken away or abdicated. McPherson v. Blacker (1892), 146 U. S. 1 291
EMERGENCY
declaring an emergency to exist does not give Congress expansion of power, or new power. Home Building and L. Ass'n v. Blaisdell (1934), 290 U. S. 398 135
EQUAL PROTECTION
guaranteed against States by Fourteenth Amendment denied by law of Arizona exempting strikers from liability for damage, others not being exempt. Truax v. Corrigan (1921), 257 U. S. 812 239
denied by ruling of Texas unfairly draining oil lands of large owners by small owners. Railroad Com. v. Rowan (1940), 310 U. S. 573 233
see, further, FOURTEENTH AMENDMENT  
ESTATE OR INHERITANCE TAX
tax by Illinois, "graduated," upheld by Supreme Court of United States. Magoun v. Illinois (1898), 170 U. S. 283 76
Federal tax of Spanish War upheld, "graduated." Knowlton v. Moore (1900), 178 U. S. 41 76
EXEMPTIONS FROM TAXATION
exempting real-estate improvements for certain years held violative of State constitutional provision for "uniform assessment" and against privileges. Koch v. Essex County (1922), 97 New Jersey 61 72
denounced as unconstitutional and dangerous by Justice Field in Pollock v. Farmers Loan, etc. (1895), 157 U. S. 499 61
FEDERAL SURPLUS COMMODITIES CORPORATION
unconstitutional activity in bounty to voting groups never brought to test in court 150
FIRST AMENDMENT
against National power, held to have been brought down against States on freedom of Press by Due Process Clause of Fourteenth. Near v. Minnesota (1931), 283 U. S. 697 219
theory followed as to freedom of religion where school buildings in Illinois used in religious instruction. McCollum v. Board Education (1948), 333 U. S. 203 216
whether provision for freedom of Press brought down against States passed by, although case dismissed as involving question local law. Patterson v. Colorado (1906), 205 U. S. 454 232
freedom of speech held violated by ordinance New Jersey requiring permit for meeting to advocate obstruction to Government. Hague v. C.I.O. (1939), 307 U. S. 496 239
ordinances four States prohibiting handbills in streets held violative of free Press. Schneider v. State (1939), 308 U. S. 147 240
held violated by tax of Louisiana on newspaper advertising. Grosjean v. American Press (1936), 297 U. S. 233 225
assumed to let United States into Georgia for managerial purposes. Herndon v. Lowry, Sheriff (1937), 301 U. S. 242 232
Supreme Court Connecticut reversed for sustaining an ordinance requiring permit to solicit in streets for religious or other cause. Cantwell v. Connecticut (1940), 310 U. S. 296 240
FOURTEENTH AMENDMENT, 1868
not intended to transfer to Nation protection of all civil rights. Slaughter-House Cases (1872), 16 Wallace 36 (77) 227
held not to impair police power of States. Barbier v. Connolly (1885), 113 U. S. 27 237
held that no general rule that this Amendment brings against States any article of Bill of Rights. Palko v. Connecticut (1937), 302 U. S. 319 232
Bill of Rights against Federal power not made applicable to States by this Amendment. Twining v. New Jersey (1908), 211 U. S. 78 230
California not required by this Amendment to indict by grand jury as by Fifth Amendment in Bill of Bights. Hurtado v. California (1884), 110 U. S. 516 238
held not to require Utah to employ jury of 12 instead of 8 in criminal cases. Maxwell v. Dow (1900), 176 U. S. 581 239
Due Process Clause of this Amendment "does not draw all the rights in Federal Bill of Bights under its protection," as against self-incrimination. Adamson v. California (1947), 332 U. S. 46 238
does not make Seventh Amendment in Bill of Bights applicable to States. Walker v. Sauvinet (1875), 92 U. S. 90 235
neither this Amendment, "broad and comprehensive as it is, nor any other amendment, was designed to interfere with the power of the States." Barbier v. Connolly (1885), 113 U. S. 27 237
"strange misconception" of meaning and scope of due process in this Amendment: Justice Miller. Davidson v. New Orleans (1877), 96 U. S. 97 237
held by Chief Justice Marshall that Fifth Amendment of Bill of Bights against taking private property for public use without just compensation not brought against States by this Amendment. Barron v. Baltimore (1833), 7 Peters 243 224
due process of law in this Amendment "refers to the law of the land in each State," not the law of the United States; due process under National law not required of State. Hurtado v. California, before cited. 225
"equal protection of the law" required of States by this Amendment denied by ruling of Texas unfairly draining oil lands of larger owners. Railroad Com. v. Rowan, etc. (1940), 310 U. S. 573 233
equal protection denied by law Arizona exempting strikers from liability for damage. Truax v. Corrigan (1921), 257 U. S. 312 239
Due Process Clause of, held to make operative against States freedom of speech and Press of First Amendment. Hague v. C.I.O. (1939), 307 U. S. 496 239
same holding in many cases overturning police regulations in four States respecting meetings, sales, and handbills in streets. Schneider v. State (1939), 308 U. S. 147 240
whether this Amendment makes Fifth operative against States left open. Dreyer v. Illinois (1902), 187 U. S. 71 232
this Amendment held to make First applicable against States protecting press against tax on advertising. Grosjean v. American Press (1936), 293 U. S. 233 226
Fifth Amendment, protecting against self-incrimination, held not to have been brought down by this Amendment against the States. Twining v. New Jersey (1908), 211 U. S. 78 230
FREEDOM OF PRESS AND RELIGION See FIRST and FOURTEENTH AMENDMENTS
FULL FAITH AND CREDIT
need not be given by a State to divorce proceedings in another State in conflict with its public policy. Andrews v. Andrews (1903), 188 U. S. 14. Williams v. North Carolina (1945), 325 U. S. 226 93, 94
GENERAL WELFARE CLAUSE
interpreted to give Congress police power in the States. Justice Cardozo in Steward Machine v. Davis (1937), 301 U.S. 548 195
see also SOCIAL SECURITY  
held not a warrant for Agricultural Adjustment Act. Justice Roberts in United States v. Butler (1936), 297 U. S. 1 199
GOLD CLAUSE CASES
held that contract of United States in Liberty Bonds to pay in standard gold dollar could not be repudiated; but as gold had been seized, damage not measurable. Perry v. U. S. (1935), 294 U. S. 330 142
GOLD, Seizure of
Supreme Court, by Chief Justice Marshall, held that property cannot be seized without just compensation. Fletcher v. Peck (1810), 6 Cranch 87 (135) 138
"GRADUATED" or PROGRESSIVE TAX
graduated tax by State on property passing at death upheld on erroneous theory that transmission is privilege, not right. Magoun v. Illinois (1898), 170 U. S. 238 76
in Missouri held to be against constitutional provisions for uniformity and equality and "without rhyme or reason." State v. Switzler (1898), 143 Missouri 387 69
in Pennsylvania held to be "unjust, arbitrary, and illegal." Cope's Estate (1899), 191 Pennsylvania 1 69
Act of Congress, 1898, taxing by graduation estates passing at death upheld. Knowlton v. Moore (1900), 178 U. S. 41 76
Act of Congress of 1913 taxing incomes by graduation upheld. Brushaber v. Union Pacific (1916), 240 U. S. 1 76
denounced as unconstitutional and dangerous by Justice Field in Pollock v. Fanners' Loan (1895), 147 U. S. 499 61
HOUSING ACT 1937
declaring for "general welfare" by employing Federal funds and credit to assist States, relieve unemployment and safeguard health, sustained. Justice Roberts in City Cleveland v. U. S. (1945), 323 U. S. 329 185
INCOME TAX
law of 1894 held unconstitutional because burden not apportioned among States by population as directed. Pollock v. Farmers' Loan, etc. (1895), 157 U. S. 429 61
law of 1913 (after Sixteenth Amendment) held constitutional. Brushaber v. Union Pacific (1916), 240 U. S. 1 76
"INHERENT" POWER
General Government "can claim no powers which are not granted by the Constitution." Martin v. Hunter's Lessee (1816), 1 Wheaton 304 21
idea of inherent power in Federal Government where States severally cannot deal with a subject has been rejected by Supreme Court from beginning. Carter v. Carter Coal Co. (1936), 298 U. S. 238 21
in foreign relations United States has powers of sovereignty external to the Constitution. Curtiss-Wright v. U. S. (1936), 299 U. S. 304 20
INJUNCTIONS
in Labor Cases even though Clayton Act and Norris-LaGuardia Act practically forbid injunctions against strikers, held, U. S. Court can stop strike by writ pending final decision of its own jurisdiction. U. S. v. United Mine Workers (1947), 330 U. S. 258 36
General Railroad Strike in 1894 ended at suit of Attorney General of United States. In re Debs (1895), 158 U. S. 564 35
INTERPRETATION or CONSTRUCTION
where language of Constitution is clear, no place for explanation, addition, or subtraction. U. S. v. Missouri Pacific (1929), 278 U. S. 269 68n
Chief Justice Marshall quoted on how to apply a constitutional provision. Ogden v. Saunders (1827), 12 Wheaton 213 200
spirit of Constitution to be respected no less than letter, but spirit is collected from words. Marshall in Sturges v. Crowninshield (1819), 4 Wheaton 122 265
Justice Bradley quoted on "mystifying" meaning of clear provision of Constitution. Ex parte Siebold (1879), 100 U. S. 393 217
INTERSTATE COMMERCE
United States may, by injunction, clear it of obstruction by strikes. In re Debs (1895), 158 U. S. 564 35
To same effect, U. S. v. United Mine Workers (1947) 330 U. S. 258 36
JUDICIAL "LEGISLATION"
Chief Justice Marshall on adhering to the text of the instrument, without extending or subtracting. Ogden v. Saunders (1827), 12 Wheaton 213 200
Due Process Clause of Fourteenth Amendment expanded to embrace "freedom of Press" in First. Near v. Minnesota (1931), 285 U. S. 697 219
expanded again to contain freedom of religion in First. McCollum v. Board Education (1948), 333 U. S. 303 216
expanded in score of cases to subvert States in exercise of police power in licensing meetings and the selling and distributing of literature in streets. Schneider v. State (1939), 308 U. S. 147 240
Hague v. C.I.O. (1939), 307 U. S. 496 239
Cantwell v. Connecticut (1940), 310 U. S. 296 240
Supreme Court refused to amend Constitution to effectuate Income Tax Law of 1894. Pollock v. Farmers' Loan, etc., (1895), 157 U. S. 429 61
amending not to be done by Supreme Court: Chief Justice Hughes in Bituminous Coal Case. Carter v. Carter Coal Co. (1936), 298 U. S. 238 23, 127
against three earlier decisions holding title to tidewater lands to be in the States, Supreme Court, without overruling, held "paramount rights" to be in United States. Justice Black in United States v. California (1947), 332 U. S. 19 243
LABOR IN THE COURTS
law of Utah limiting hours in mines and smelters upheld. Holden v. Hardy (1898), 169 U. S. 366 27
law of Oregon limiting length of day for women upheld. Muller v. Oregon (1908), 208 U. S. 412 27
law of Illinois limiting age of youthful worker upheld by both State and Federal courts. Sturges v. Beau-champ (1913), 231 U. S. 320 27
amendment Constitution Nebraska and statute North Carolina providing that no person be denied opportunity to obtain or retain employment because not member labor organization, and forbidding employer to agree to exclude non-union workers, held valid, notwithstanding National Labor Relations Act of Congress. Lincoln Union v. Northwestern Co. (1949), 335 U. S. 525 171n
law of Congress limiting hours railway trainmen in interstate commerce upheld. Wilson v. New (1917), 243 U. S. 332 27
law of State of Washington prescribing minimum wages for women upheld. West Coast Hotel v. Parrish (1937), 300 U.S. 379 28
law of Congress of 1926 for collective bargaining by interstate workers given full effect by U. S. District Court, by U. S. Circuit Court of Appeals, and by Supreme Court of United States. Texas and N. O. RR. v. Brotherhood, etc. (1930), 281 U. S. 548 28
law of Kansas creating Industrial Court to hear and decide controversies in employment, held invalid. Wolff, etc. v. Court Industrial Relations (1923), 262 U. S. 522 170
for strike in 1946 United Mine Workers fined $700,000 and leader $10,000; as mines had been seized by Government, held, acts of Congress limiting issue injunctions not applicable. Workers, not leader, spread strike. United States v. United Mine Workers (1947), 330 U. S. 258 36
a partial list of the decisions of the Supreme Court of the United States, and of the lower courts, favorable to labor, cited 27, 28
MATERNITY LAW, 1921
unconstitutionality of, under General Welfare Clause, side-stepped by Supreme Court. Massachusetts v. Mellon (1923), 262 U. S. 447 92
NATION and STATE
their origin, relation, and functions stated clearly by Chief Justice Marshall. Barron v. Baltimore (1833), 7 Peters 243 224
why state powers not enumerated in Constitution. Marshall in Sturges v. Crowninshield (1819), 4 Wheaton 122 231
NATIONAL INDUSTRIAL RECOVERY ACT, 1933
held unconstitutional as invasion police field of States. Schecter v. U. S. (1935), 295 U. S. 495 23
NATIONAL LABOR RELATIONS ACT, 1935
upheld as "emergency" measure to prevent obstacles to and "burdening" of interstate commerce by strikes. N. L. R. Board v. Jones & Laughlin (1937), 301 U. S. 134 163
OLEOMARGARINE
invasion of States by Congress to restrict manufacture and sale and burden with tax and regulations upheld. McCray v. U. S. (1904), 195 U. S. 27 175
Act of Pennsylvania prohibiting manufacture altogether, upheld. Powell v. Pennsylvania (1888), 127 U. S. 678 175-6
POLICE POWER
over health, safety, morals, education, and general welfare of people States cannot surrender, nor can Congress take over. House v. Mays (1911), 219 U. S. 282 86, 182
State can exert it to control price of milk against contract. Nebbia v. New York (1934), 291 U. S. 502 171
Housing Act of Congress of 1937 to assist States and relieve unemployment held within power of Congress. Justice Roberts in City Cleveland v. U. S. (1946), 323 U. S. 329 60
Fair Labor Standards Act held to justify exertion of police power by Nation in States, contrary to but not overruling House v. Mays, cited above. Justice Stone in U. S. v. Darby (1941), 812 U. S. 100, overruling Hammer v. Dagenhart, cited under COMMERCE CLAUSE  
RECALL OF JUDICIAL DECISIONS
provision for in Constitution and laws of Colorado held violative of terms of admission to Union and of Federal Constitution. People v. Western Union (1921), 70 Colorado 90 4
RECONSTRUCTION FINANCE CORPORATION, 1932
Congress not authorized by Constitution to create it; but, as engine of bounty, validity never tested in court. 108
SHERMAN ANTI-TRUST LAW See COMMERCE CLAUSE
SOCIALISM
changing Republican form of government, in North Dakota, upheld. Green v. Frazier, Governor (1920), 253 U. S. 233 5
SOCIAL SECURITY
Act of 1935, in an "emergency," for giving "everything to everybody," upheld. Steward Machine Co. v. Davis, Collector (1937), 301 U. S. 548 200
not within General Welfare Clause. United States v. Butler (1936), 297 U. S. 1 200
STATES, Powers of
proceed, wrote Chief Justice Marshall, not from the people of America, but from the people of the States, except as abridged by the Constitution. Sturges v. Crowninshield (1819), 4 Wheaton 122 231
within their power, notwithstanding Full Faith and Credit Clause, to prevent decrees of divorce to "birds of passage." Andrews v. Andrews (1903), 188 U. S. 14; Williams v. North Carolina (1945), 325 U. S. 226 93, 91
resistance of States to the unlawful seizure of their oil-bearing tidelands by the United States was ineffectual. United States v. California (1947), 332 U. S. 19 (38) 243
they extend as police, to the absolute exclusion of the Federal Government, over the health, safety, morals, education, and general well-being of the people. House v. Mays (1911), 219 U. S. 282 86, 182, 282
Amendment Constitution Nebraska and statute North Carolina providing that no person be denied opportunity to obtain or retain employment because not member labor organization, and forbidding employer to agree to exclude non-union workers, held valid, notwithstanding National Labor Relations Act of Congress. Lincoln Union v. Northwestern Co. (1949), 335 U.S. 525 171n
STRIKES
may be prevented by injunction from obstructing commerce and the mails. In re Debs (1895), 158 U. S. 564 35
National Labor Relations Act declared "emergency" to prevent obstruction of commerce by strikes. N.L.R. Board v. Jones & Laughlin (1937), 301 U. S. 1 163
strike in coal mines ended by decree of Federal Court. United States v. United Mine Workers (1947), 330 U. S. 258 36
lawful act of quitting service, when conceived by many to do damage, is conspiracy as denounced in Criminal Code of U. S. Chief Justice Fuller in Pettibone v. United States (1893), 148 U. S. 197 32
seizure of railroads and other property unlawful, courts being open. Justice Davis in Ex parte Milligan (1864), 4 Wallace 2 35n
TAXATION BY CONGRESS
held by Chief Justice Marshall that power does not lie for purposes within province of States. Gibbons v. Ogden (1824), 9 Wheaton 1 182
Taxing Clause wrongfully employed in placing destructive levy on product of workers under 18 years. Bailey v. Drexel, etc. (1922), 259 U. S. 20 87
see also EXEMPTION FROM TAXATION; "GRADUATED" or PROGRESSIVE TAX; INCOME TAX  
TENNESSEE VALLEY AUTHORITY
without authority in Constitution, Congress created for manufacture and sale electric power, chiefly; but upheld. Chief Justice Hughes in Ashwander v. T.V.A. (1936), 297 U. S. 288 119, 121
TIDE-WATER OIL LANDS
absolute title to soil under navigable boundary waters came to States by Revolution. Chief Justice Taney in Martin v. Waddell (1842), 16 Peters 367 245
a like holding by the Supreme Court by Justice McKinley in Pollard's Lessee (1845), 3 Howard 212 246
upon admission of California into Union absolute property in soils under tide-waters vested in State. Justice Field in Wear v. Harbor Commissioners (1873), 18 Wallace 57 246
United States has no constitutional capacity to exercise jurisdiction over such lands, 3 Howard 212 247
United States, not California, has "paramount rights" over soil and oil resources. Justice Black in U. S. v. California (1947), 332 U. S. 19 243
UNITED STATES IN CONQUEST
oil-bearing tidelands belonging to States by settled law from the beginning seized by Federal Government. Illegal action sustained. United States v. California (1947), 332 U. S. 19 243

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