No CrossRef data available.
Article contents
Constitutional Law in 1953–1954
Published online by Cambridge University Press: 02 September 2013
Extract
The membership of the Supreme Court remained unchanged during the 1953 Term. Chief Justice Vinson died on September 8, shortly before the opening of the Term. Governor Earl Warren of California was given a recess appointment by President Eisenhower on October 2, and was sworn in as the fourteenth Chief Justice on October 5. The Senate Judiciary Committee moved slowly, however, and the appointment did not reach the Senate until March 1, 1954, when it was confirmed by a voice vote without opposition.
A week after the 1954 Term got under way Justice Robert H Jackson died, of a heart attack, on October 9, 1954, at the age of 62. For a man who had no law degree, Justice Jackson had done very well in the law. After a brilliant career as a lawyer in Jamestown, New York, he entered the government service in 1934 as General Counsel to the Bureau of Internal Revenue. He was appointed Solicitor-General in 1938, Attorney-General in 1940, and was elevated to the Supreme Court by President Roosevelt in June, 1941. He served as chief American prosecutor at the Nürnberg trial of top Nazi war criminals. Though appointed with the reputation of being a liberal New Dealer, Justice Jackson was actually close to the very center of the Court in many cases where the Justices were sharply divided. He was one of the most gifted opinion-writers on the Court, with a flair for felicitous phrasing and well-turned epigrams. To take the place of Justice Jackson, President Eisenhower nominated, on November 8, 1954, Judge John Marshall Harlan, whom he had appointed the previous March to the Court of Appeals for the Second Circuit. Judge Harlan, once a successful New York lawyer, is the grandson of the Justice Harlan who served with such distinction from 1877 to 1911.
- Type
- Research Article
- Information
- Copyright
- Copyright © American Political Science Association 1955
References
1 For an evaluation of the work of Chief Vinson, Justice, see the symposium in North-western University Law Review, Vol. 49, pp. 1–75 (March-April, 1954)Google Scholar.
2 See his book, The Struggle for Judicial Supremacy (New York, 1941)Google Scholar.
3 See The Nürnberg Case as Presented by Robert H. Jackson (New York, 1947)Google Scholar.
4 Steamer, R. J., “Mr. Justice Jackson and the First Amendment,” University of Pittsburgh Law Review, Vol. 15, pp. 193–221 (Winter, 1954)Google Scholar.
5 See Note, “The Appointment of Mr. Justice Harlan,” Indiana Law Review, Vol. 29, pp. 46–74 (Fall, 1953)Google Scholar.
6 346 U.S. 949–1018. The last previous revision was promulgated on February 13, 1939, 306 U.S. 671–741.
7 “The Supreme Court's New Rules,” Harvard Law Review, Vol. 68, pp. 20–94 (Nov., 1954)CrossRefGoogle Scholar. Stern, Robert L. and Gressman, Eugene have thoroughly revised their invaluable Supreme Court Practice (Washington, D.C., 2d ed., 1954)Google Scholar to take into account the many changes made by the new Rules.
8 346 U.S. 946–47.
9 On the amicus brief problem see Harper, Fowler V. and Etherington, Edwin D., “Lobbyists before the Court,” University of Pennsylvania Law Review, Vol. 101, pp. 1172–77 (June, 1953)CrossRefGoogle Scholar. Speaking of amicus briefs these writers assert: “Even a cursory examination of these briefs indicates the time-wasting character of most of them …. For the most part, briefs amici are repetitious at best and emotional explosions at worst” (p. 1172).
10 Crosskey, William Winslow, Politics and the Constitution in the History of the United States (Chicago, 1953)Google Scholar.
11 Graham, Howard J., “Crosskey's Constitution: An Archeological Blueprint,” Vanderbilt Law Review, Vol. 7, pp. 340–65 (April, 1954)Google Scholar; Durham, James A., “Congress, the Constitution and Crosskey,” Indiana Law Journal, Vol. 29, pp. 355–66 (Spring, 1954)Google Scholar, “Crosskey on the Constitution: An Essay-Review,” California Law Review, Vol. 41, pp. 209–29 (Summer, 1953)CrossRefGoogle Scholar; Degler, Carl N., “A New Effort to Rewrite the Constitution,” Western Political Quarterly, Vol. 7, pp. 75–82 (March, 1954)CrossRefGoogle Scholar; Brown, Ernest J. and Hart, Henry M. Jr., Harvard Law Review, Vol. 67, pp. 1439–86 (June, 1954)CrossRefGoogle Scholar; Sharp, Malcolm, Brant, Irving and Goebel, Julius Jr., Columbia Law Review, Vol. 54, pp. 439–83 (March, 1954)CrossRefGoogle Scholar; Stern, Robert L., Sholley, John B., Nathanson, Nathaniel L., and Frank, John P., Northwestern University Law Review, Vol. 49, pp. 107–37 (March-April, 1954)Google Scholar; Sutherland, A. E., Cornell Law Quarterly, Vol. 39, pp. 160–69 (Fall, 1953)Google Scholar; Ribble, F. D. G., Virginia Law Review, Vol. 39, pp. 863–70 (Oct., 1953)CrossRefGoogle Scholar; Heimann, Fritz F. and Kelso, Hugh E., Iowa Law Review, Vol. 39, pp. 138–55 (Fall, 1953)Google Scholar; Yntema, H. E., American Journal of Comparative Law, Vol. 2, pp. 582–86 (Autumn, 1953)CrossRefGoogle Scholar; Lasswell, H. D., George Washington Law Review, Vol. 22, pp. 383–86 (Jan., 1954)Google Scholar; Forkosch, M. D., Brooklyn Law Review, Vol. 20, pp. 124–32 (Dec., 1953)Google Scholar. For earlier references see the author's “Constitutional Law in 1952–1953,” this Review, Vol. 48, pp. 63–113, at p. 63, note 3 (March, 1954)Google Scholar.
12 Morgan, Donald G., Justice William Johnson: The First Dissenter (Columbia, S. C., 1954)Google Scholar.
13 Shiras, George, 3d, Justice George Shiras Jr. of Pittsburgh (Pittsburgh, 1953)Google Scholar.
14 Supreme Court and Supreme Law, ed. Cahn, Edmond (Bloomington, Ind., 1954)Google Scholar. See the review by Swisher, Carl B. in Harvard Law Review, Vol. 67, pp. 1487–89 (June, 1954)CrossRefGoogle Scholar.
15 Hart, Henry M. Jr., and Wechsler, Herbert, The Federal Courts and the Federal System (Brooklyn, 1953)Google Scholar.
16 Jacobs, Clyde E., Law Writers and the Courts (Berkeley, 1954)Google Scholar, on Cooley, T. M., Tiedeman, C. G., and Dillon, J. F.; Mason, Alpheus T., The Supreme Court: Vehicle of Revealed Truth or Power Group, 1930–1937 (Boston, 1953)Google Scholar; Hogan, John C., “The Court of Appeals in Cases of Capture (1780 to 1787),” Oregon Law Review, Vol. 33, pp. 95–105 (Feb., 1954)Google Scholar; Frankfurter, Felix, “Chief Justices I Have Known,” Virginia Law Review, Vol. 39, pp. 883–905 (Nov. 1953)CrossRefGoogle Scholar; Huitt, Ralph K., “The Constitutional Ideas of James Otis,” Kansas Law Review, Vol. 2, pp. 152–73 (Dec., 1953)Google Scholar; Mendelson, Wallace, “Dred Scott's Case—Reconsidered,” Minnesota Law Review, Vol. 38, pp. 16–28 (Dec., 1953)Google Scholar; Fairman, Charles, “The So-Called Granger Cases, Lord Hale, and Justice Bradley,” Stanford Law Review, Vol. 5, pp. 587–679 (July, 1953)CrossRefGoogle Scholar; Levitan, David M., “Mahlon Pitney—Labor Judge,” Virginia Law Review, Vol. 40, pp. 733–70 (Oct., 1954)CrossRefGoogle Scholar; Mason, Alpheus T., “Extra-Judicial Work for Judges: The Views of Chief Justice Stone,” Harvard Law Review, Vol. 67, pp. 193–216 (Dec., 1953)CrossRefGoogle Scholar; Irish, Marian D., “Mr. Justice Douglas and Judicial Restraint,” University of Florida Law Review, Vol. 6, pp. 537–53 (Winter, 1953)Google Scholar. See also: Latham, Earl, “The Supreme Court and the Supreme People,” Journal of Politics, Vol. 16, pp. 207–35 (May, 1954)CrossRefGoogle Scholar; Bernstein, Marver H., “The Politics of Adjudication,” Journal of Politics, Vol. 16, pp. 299–323 (May, 1954)CrossRefGoogle Scholar; Schubert, Glendon A. Jr., “Politics and the Constitution: The Bricker Amendment during 1953,” Journal of Politics, Vol. 16, pp. 257–98 (May, 1954)CrossRefGoogle Scholar; Grant, J. A. C., “Judicial Control of Legislation,” American Journal of Comparative Law, Vol. 3, pp. 186–98 (April, 1954)CrossRefGoogle Scholar; Symposium on “Concepts of Legislative Power,” Louisiana Law Review, Vol. 14, pp. 745–810 (June, 1954)Google Scholar; Rodda, Clinton, “The Accomplishment of Aesthetic Purposes under the Police Power,” Southern California Law Review, Vol. 27, pp. 149–79 (Feb., 1954)Google Scholar.
17 Harper, Fowler V. and Leibowitz, Arnold, “What the Supreme Court Did Not Do during the 1952 Term,” University of Pennsylvania Law Review, Vol. 102, pp. 427–63 (Feb., 1954)CrossRefGoogle Scholar.
18 Ibid., p. 427.
19 See, for example: Florida ex rel. Hawkins v. Board of Control, 347 U.S. 971 (1954), on school segregation; Superior Films, Inc. v. Department of Education, 346 U.S. 587 (1954), on censorship of motion pictures; White v. Howard, 347 U.S. 910 (1954), on registration of names of political parties; Brownell v. Singer, 347 U.S. 403 (1954), on liquidation of assets of enemy alien property; United Shoe Machinery Corp. v. United States, 347 U.S. 521 (1954), involving an unusually important anti-trust action; and County Board v. State Milk Commission, 346 U.S. 932 (1954), on standing to sue.
20 See the observations of Sacks, Albert M. in the Harvard Law Review, Vol. 68, pp. 99–103 (Nov., 1954)CrossRefGoogle Scholar.
21 347 U.S. 439 (1954).
22 116 P. Supp. 683 (S.D. New York, 1953).
23 See Note, “The Constitutional Prohibition of Bills of Attainder: A Waning Guaranty of Judicial Trial,” Yale Law Journal, Vol. 63, pp. 844–61 (April, 1954)CrossRefGoogle Scholar.
24 347 U.S. 612 (1954).
25 United States v. Rumely, 345 U.S. 41 (1953).
26 See Proceedings of the New York University Conference on Practice and Procedure under the Immigration and Nationality Act, ed. Sellin, Henry (New York, 1954)Google Scholar, for an analysis of the McCarran-Walter Act; Note, “Deportation and Due Process,” Stanford Law Review, Vol. 5, pp. 722–50 (July, 1953)CrossRefGoogle Scholar.
27 347 U.S. 522 (1954). This case came up by way of habeas corpus, as usual. The Solicitor General has recently recommended, as a substitute for habeas corpus, which is available only after the alien has been taken into custody for deportation, judicial review of a final order of deportation by petition on the part of an alien who is not in custody. A proposed bill which would authorize this procedure was approved by the Judicial Conference of the United States at a session held on April 15 and 16, 1954. See Report, House Doc. 475, 83d Cong., 2d sess., p. 15.
28 Harisiades v. Shaughnessy, 342 U.S. 580 (1952).
29 347 U.S. 637 (1954).
30 347 U.S. 260 (1954).
31 Remmer v. United States, 347 U.S. 227 (1954).
32 See Comment, “The Lattimore Case: Congressional Investigations and the Constitution,” Northwestern University Law Review, Vol. 49, pp. 77–86 (March-April, 1954)Google Scholar.
33 346 U.S. 374 (1953).
34 Weeks v. United States, 232 U.S. 383 (1914).
35 347 U.S. 62 (1954). See Trimble, E. G., “Search and Seizure under the Fourth Amendment as Interpreted by the U. S. Supreme Court,” Kentucky Law Journal, Vol. 42, pp. 197–231, 423–54 (Jan., March, 1954)Google Scholar.
36 Agnello v. United States, 269 U.S. 20 (1925).
37 Pereira v. United States, 347 U.S. 1 (1954).
38 Dennis v. United States, 341 U.S. 494 (1951).
39 Sacher v. United States, 347 U.S. 388 (1954).
40 346 U.S. 356 (1953).
41 Federal Baseball Club v. National League, 259 U.S. 200 (1922).
42 On the general subject see Dirlam, Joel B. and Kahn, Alfred E., Fair Competition: The Law and Economics of Antitrust Policy (Cornell 1954)Google Scholar. See also Lane, Robert E., The Regulation of Businessmen (New Haven, 1954)Google Scholar.
43 United States v. Employing Plasterers Assoc., 347 U.S. 186 (1954).
44 United States v. Employing Lathers Assoc., 347 U.S. 198 (1954).
45 347 U.S. 514 (1954).
46 346 U.S. 482 (1953). See Cox, Archibald, “Federalism in the Law of Labor Relations,” Harvard Law Review, Vol. 67, pp. 1297–1348 (June, 1954)CrossRefGoogle Scholar; Hays, Paul R., “Federalism and Labor Relations in the United States,” University of Pennsylvania Law Review, Vol. 102, pp. 959–79 (June, 1954)CrossRefGoogle Scholar.
47 United States v. Five Gambling Devices, 346 U.S. 441 (1953).
48 347 U.S. 672 (1954). See the symposium on “The Regulation of Natural Gas,” Law and Contemporary Problems, Vol. 19, pp. 323–473 (Summer, 1954)Google Scholar, and particularly Ross, Bradford and Foster, Bernard A. Jr., “Phillips and the Natural Gas Act,” pp. 382–412Google Scholar, and Huitt, Ralph K., “Natural Gas Regulation under the Holding Company Act,” pp. 455–73Google Scholar.
49 Mazer v. Stein, 347 U.S. 201 (1954). See the symposium, “Literary and Artistic Products and Copyright Problems,” Law and Contemporary Problems, Vol. 19, pp. 139–322 (Spring, 1954)Google Scholar, and the Annotation in 98 L. Ed. 644.
50 Alabama v. Texas, 347 U.S. 272 (1954). See the note on this case in University of Pennsylvania Law Review, Vol. 102, pp. 804–8 (April, 1954)Google Scholar.
51 United States v. California, 332 U.S. 19 (1947); United States v. Louisiana, 339 U.S. 699 (1950); United States v. Texas, 339 U.S. 707 (1950).
52 International Longshoremen's and Warehousemen's Union v. Boyd, 347 U.S. 222 (1954).
53 Public Utilities Commission of California v. United Air Lines, 346 U.S. 402 (1953).
54 Public Service Commission of Utah v. Wycoff Co., 344 U.S. 237 (1952).
55 United States v. Gilman, 347 U.S. 507 (1954).
56 See the invaluable article by Schwartz, Bernard, “The Administrative Procedure Act in Operation,” New York University Law Review, Vol. 29, pp. 1173–1264 (June, 1954)Google Scholar.
57 Dickinson v. United States, 346 U.S. 389 (1953).
58 Estep v. United States, 327 U.S. 114 (1946).
59 Madruga v. Superior Court of California, 346 U.S. 556 (1954). See Note, “From Judicial Grant to Legislative Power: The Admiralty Clause in the Nineteenth Century,” Harvard Law Review, Vol. 67, pp. 1214–37 (May, 1954)CrossRefGoogle Scholar.
60 Pope & Talbot, Inc. v. Hawn, 346 U.S. 406 (1953). A conflict between a federal statute and a state law was resolved, in the case of a marine insurance claim arising from a maritime accident, in favor of the applicability of the state law. Maryland Casualty Co. v. Gushing, 347 U.S. 409 (1954).
61 Arkansas v. Texas. 346 U.S. 368 (1953). See the Annotation in 98 L. Ed. 85.
62 Capital Service v. NLRB, 347 U.S. 501 (1954). See the Annotation in 98 L. Ed. 892. Consult: Forkosch, Morris D., A Treatise on Labor Law (Indianapolis, 1953)Google Scholar; Jones, Edgar A. Jr., “The Right to Picket—Twilight Zone of the Constitution,” University of Pennsylvania Law Review, Vol. 102, pp. 995–1029 (June, 1954)CrossRefGoogle Scholar; Rose, George, “Is the NLRB Tampering with Freedom of Speech?” University of Pittsburgh Law Review, Vol. 15, pp. 462–92 (Spring, 1954)Google Scholar.
63 There were a great many publications during the period under review on civil liberties subjects. See Pritchett, C. Herman, Civil Liberties and the Vinson Court (Chicago, 1954)Google Scholar; Jacobus tenBroek, E. N. Barnhart, and Matson, F. W., Prejudice, War and the Constitution (Berkeley, 1954)Google Scholar; Ruchames, Louis, Race, Jobs, and Politics: The Story of FEPC (New York, 1953)Google Scholar; Commager, Henry Steele, Freedom, Loyalty, Dissent (New York, 1954)Google Scholar; Oxnam, G. Bromley, I Protest (New York, 1954)Google Scholar; Davies, Arthur Powell, The Urge to Persecute. (Boston, 1953)Google Scholar; Thomas, Norman, The Test of Freedom (New York, 1954)Google Scholar; Dan Gillmor, , Fear, the Accuser (New York, 1954)Google Scholar; Hicks, Granville, Where We Came Out (New York, 1954)Google Scholar; Smith, Bradford, A Dangerous Freedom (New York, 1954)Google Scholar; Kelly, Alfred H., Where Constitutional Liberty Came From (Carrie Chapman Catt Memorial Fund, New York, 1954)Google Scholar; Douglas, William O., An Almanac of Liberty (New York, 1954)Google Scholar; Konvitz, Milton R., Bill of Rights Reader (Ithaca, 1954)Google Scholar; Taylor, Harold, On Education and Freedom (New York, 1954)Google Scholar; Bachrach, Peter, Problems in Freedom (Harrisburg, 1954)Google Scholar; American Jewish Congress and National Association for the Advancement of Colored People, Civil Rights in the United States—1953 (New York, 1954)Google Scholar; Symposium on “Community Security vs. Man's Right to Knowledge,” Columbia Law Review, Vol. 54, pp. 667–829 (May, 1954)Google Scholar; Schwartz, Bernard, “Civil Liberties and the ‘Cold War’ in the United States,” Canadian Bar Review, Vol. 31, pp. 392–427 (April, 1953)Google Scholar; Neumann, Franz L., “The Concept of Political Freedom,” Columbia Law Review, Vol. 53, pp. 901–35 (Nov., 1953)CrossRefGoogle Scholar; Hamilton, H. D., “Legislative and Judicial History of the Thirteenth Amendment,” National Bar Journal, Vol. 10, pp. 7–85 (March, 1952)Google Scholar; Forer, Lois G., “Some Aspects of Civil Liberties in Pennsylvania,” University of Pittsburgh Law Review, Vol. 15, pp. 431–61 (Spring, 1954)Google Scholar; Abernathy, Glenn, “The Right of Association,” South Carolina Law Quarterly, Vol. 6, pp. 32–77 (Sept., 1953)Google Scholar; Brockelbank, W. J., “The Role of Due Process in American Constitutional Law,” Cornell Law Quarterly, Vol. 39, pp. 561–91 (Summer, 1954)Google Scholar; Kauper, Paul G., “Church, State, and Freedom: A Review,” Michigan Law Review, Vol. 52, pp. 829–48 (April, 1954)CrossRefGoogle Scholar; Beth, Loren P., “The Wall of Separation and the Supreme Court,” Minnesota Law Review, Vol. 38, pp. 215–27 (Feb., 1954)Google Scholar; Malick, Clay P., “Terry v. Adams: Governmental Responsibility for the Protection of Civil Rights,” Western Political Quarterly, Vol. 7, pp. 51–64 (March, 1954)CrossRefGoogle Scholar; Antieau, Chester J., “The Federalism of Freedom,” Kentucky Law Journal, Vol. 42, pp. 404–22 (March, 1954)Google Scholar. See also Special Subcommittee on Security Affairs, Senate Committee on Foreign Relations, Federal Case Law Concerning the Security of the United States, a legal survey by the Library of Congress (Committee Print, 83d Cong., 2d sess.); Burnham, James, The Web of Subversion (New York, 1954)Google Scholar.
64 347 U.S. 442 (1954). See the Annotation in 98 L.Ed. 851. See also Chapman, Warner O. and Field, Oliver P., Indiana Licensing Law (Bureau of Government Research, Indiana University, 1953)Google Scholar.
65 The Court of Appeals of the District affirmed, and the Supreme Court denied certiorari, 334 U.S. 843 (1948).
66 Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951).
67 Burstyn v. Wilson, 343 U.S. 495 (1952).
68 Superior Films, Inc. v. Department of Education of Ohio, 346 U.S. 587 (1954). The problems presented by this case were widely commented on: Lasker, Edward, “Censorship of Motion Pictures Pursuant to Recent Supreme Court Decisions,” U.C.L.A. Law Review, Vol. 1, pp. 582–92 (June, 1954)Google Scholar; Desmond, Charles E., “Censoring the Movies,” Notre Dame Lawyer, Vol. 29, pp. 27–36 (Fall, 1953)Google Scholar; Harris, Albert W. Jr., “Movie Censorship and the Supreme Court: What Next?” California Law Review, Vol. 42, pp. 122–38 (Spring, 1954)CrossRefGoogle Scholar; Note, University of Pennsylvania Law Review, Vol. 102, pp. 671–74 (March 1954)Google Scholar; Note, “Motion Picture Censorship: The Aftermath of Burstyn v. Wilson,” North-western University Law Review, Vol. 49, pp. 390–99 (July-Aug., 1954)Google Scholar. For other free speech problems see First Conference on Intellectual Freedom, Freedom of Communication (New York, 1954)Google Scholar; Black, Charles L. Jr., “He Cannot Choose but Hear: the Plight of the Captive Auditor,” Columbia Law Review, Vol. 53, pp. 960–72 (Nov., 1953)CrossRefGoogle Scholar; Lockhart, William B. and McClure, Robert C., “Literature, the Law of Obscenity, and the Constitution,” Minnesota Law Review, Vol. 38, pp. 295–395 (March, 1954)Google Scholar.
69 347 U.S. 556 (1954). For discussions of this and related problems see Paulsen, M. G., “The Fourteenth Amendment and the Third Degree,” Stanford Law Review, Vol. 6, pp. 411–37 (May, 1954)CrossRefGoogle Scholar; Scott, A. W. Jr., “Federal Control over Use of Coerced Confessions in State Criminal Cases—Some Unsettled Problems,” Indiana Law Journal, Vol. 29, pp. 151–60 (Winter, 1954)Google Scholar, “State Criminal Procedure, the Fourteenth Amendment, and Prejudice,” Northwestern University Law Review, Vol. 49, pp. 319–32 (July-Aug., 1954)Google Scholar; Allen, Francis A., “Due Process and State Criminal Procedures: Another Look,” North-western University Law Review, Vol. 48, pp. 16–35 (March-April, 1953)Google Scholar; Gorfinkel, John A., “The Fourteenth Amendment and State Criminal Proceedings—‘Ordered Liberty’ or ‘Just Deserts’,” California Law Review, Vol. 41, pp. 672–91 (Winter, 1953–1954)CrossRefGoogle Scholar; MacDonald, Dwight, “The Lie-Detector Era,” The Reporter, Vol. 10, pp. 10–18 (June 8, 1954), pp. 22–29 (June 22, 1954)Google Scholar. See also Puttkammer, Ernest W., Administration of Criminal Justice (Chicago, 1953)Google Scholar.
70 Adams v. Maryland, 347 U.S. 179 (1954). For writings dealing with various issues raised in this case, and related questions, see Brown, Claude H., “Immunity for Witnesses in Congressional Hearings,” UCLA Law Review, Vol. 1, pp. 183–94 (Feb., 1954)Google Scholar; Dixon, Robert G. Jr., “The Fifth Amendment and Federal Immunity Statutes,” George Washington Law Review, Vol. 22, pp. 447–80, 554–81 (March, April, 1954)Google Scholar; Huard, L. A., “Fifth Amendment—An Evaluation,” Georgetown Law Journal, Vol. 42, pp. 345–77 (March, 1954)Google Scholar; Griswold, Erwin N., “The Fifth Amendment,” Massachusetts Law Quarterly, Vol. 39, pp. 44–59 (April, 1954)Google Scholar; Boudin, L. B., “Immunity Bill,” Georgetown Law Journal, Vol. 42, pp. 497–528 (May, 1954)Google Scholar; Scott, Hugh and King, Rufus, “Rules for Congressional Committees: An Analysis of House Resolution 447,” Virginia Law Review, Vol. 40, pp. 249–72 (April, 1954)CrossRefGoogle Scholar; Symposium on “Legislative Investigations: Safeguards for Witnesses,” Notre Dame Lawyer, Vol. 29, pp. 157–285 (Winter, 1954)Google Scholar; Maslow, Will, “Fair Procedure in Congressional Investigations: A Proposed Code,” Columbia Law Review, Vol. 54, pp. 839–92 (June, 1954)CrossRefGoogle Scholar; Brownell, Herbert Jr., “Immunity from Prosecution versus Privilege against Self-Incrimination,” Tulane Law Review, Vol. 28, pp. 1–21 (Dec., 1953)Google Scholar, and “The Public Security and Wire Tapping,” Cornell Law Quarterly, Vol. 39, pp. 195–212 (Winter, 1954)Google Scholar; Rogers, William P., “The Case for Wire Tapping,” Yale Law Journal, Vol. 63, pp. 792–98 (April, 1954)CrossRefGoogle Scholar; Donnelly, Richard C., “Comments and Caveats on the Wire Tapping Controversy,” Yale Law Journal, Vol. 63, pp. 799–810 (April, 1954)CrossRefGoogle Scholar; Byse, Clark, “Teachers and the Fifth Amendment,” University of Pennsylvania Law Review, Vol. 102, pp. 871–83 (May, 1954)CrossRefGoogle Scholar; Coker, Francis W., “Academic Freedom and the Congressional Investigations: Free Speech and the Silent Professor,” Journal of Politics, Vol. 16, pp. 491–508 (Aug., 1954)CrossRefGoogle Scholar; Note, “Mandatory Dismissal of Public Personnel and the Privilege against Self-Incrimination,” University of Pennsylvania Law Review, Vol. 101, pp. 1190–1204 (June, 1953)CrossRefGoogle Scholar; Margolis, Emanuel, “The Plea of Privilege against Self-Incrimination by United Nations Employees,” Virginia Law Review, Vol. 40, pp. 283–309 (April, 1954)CrossRefGoogle Scholar.
71 347 U.S. 128 (1954). See Note, “The Federal Taxing Power and Regulation of Crime,” Indiana Law Journal, Vol. 29, pp. 377–408 (Spring, 1954)Google Scholar.
72 United States v. Kahriger, 345 U.S. 22 (1953).
73 338 U.S. 25 (1949).
74 Weeks v. United States, 232 U.S. 383 (1914).
75 347 U.S. 340 (1954).
76 McLeod v. Dilworth Co., 322 U.S. 327 (1944). Here the Court held that a state could not tax the sales of an out-of-state vendor where title passed before delivery to the carrier in the state of origin, and no collections were made in the taxing state.
77 General Trading Co. v. State Tax Commission, 322 U.S. (1944). Here the Court ruled that an out-of-state vendor who used travelling salesmen to solicit orders locally could be required to collect use taxes. It is interesting to note that the two precedents upon which the majority and minority relied in the instant case had been decided on the same day.
78 Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938); Sipuel v. Board of Regents, 332 U.S. 631 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950). The vote in the Missouri case was 7–2; the Court was unanimous in the others.
79 163 U.S. 537.
80 The state cases are grouped as Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). The District of Columbia case is Bolling v. Sharpe, 347 U.S. 497 (1954). The writings on the subject of these cases during the period under review were understandably voluminous. See Ashmore, Harry S., The Negro and the Schools (Chapel Hill, N.C., 1954)Google Scholar; Kauper, Paul G., “Segregation in Public Education: The Decline of Plessy v. Ferguson,” Michigan Law Review, Vol. 52, pp. 1137–58 (June, 1954)CrossRefGoogle Scholar; Graham, H. J., “Fourteenth Amendment and School Segregation,” Buffalo Law Review, Vol. 3, pp. 1–24 (Winter, 1953)Google Scholar; Waite, Edward F., “Race Segregation in the Public Schools: Jim Crow at the Judgment Seat,” Minnesota Law Review, Vol. 38, pp. 612–21 (May, 1954)Google Scholar; Symposium on “Segregation in the Public Schools,” Journal of Public Law, Vol. 3, pp. 5–170 (Spring, 1954)Google Scholar; Note, “Potentialities of Equal Protection as an Implement of Judicial Review,” Indiana Law Journal, Vol. 29, pp. 189–206 (Winter, 1954)Google Scholar; Public Affairs Pamphlet No. 209, Segregation and the Schools (June, 1954); Rice, Pamela, “A Legislative Attack on Educational Discrimination,” Journal of Negro Education, Vol. 23, pp. 99–106 (Winter, 1954)CrossRefGoogle Scholar. See also McKay, Robert B., “Segregation and Public Recreation,” Virginia Law Review, Vol. 40, pp. 697–731 (Oct., 1954)CrossRefGoogle Scholar; Nichols, Lee, Breakthrough on the Color Front (New York, 1954)Google Scholar; Logan, Rayford W., The Negro in American Life and Thought (New York, 1954)Google Scholar.
81 “Plessy v. Ferguson: Requiescat in Pace?” University of Pennsylvania Law Review, Vol. 103, pp. 44–58, at pp. 57–58 (Oct., 1954)Google Scholar. See also Leflar, Robert A. and Davis, Wylie H., “Segregation in the Public Schools—1953,” Harvard Law Review, Vol. 67, pp. 377–435 (Jan., 1954)CrossRefGoogle Scholar; Note, “Equal Protection and Attempts to Avoid ‘State Action’,” Indiana Law Journal, Vol. 29, pp. 125–39 (Fall, 1953)Google Scholar; Note, “Evasion of Supreme Court Mandates in Cases Remanded to State Courts since 1941,” Harvard Law Review, Vol. 67, pp. 1251–59 (May, 1954)CrossRefGoogle Scholar.
82 Soon after the disposition of the Segregation Cases, the Court remanded, with per curiam opinions, three cases for further consideration in the light of its new position: Muir v. Louisville Park Theatrical Association, 347 U.S. 971 (1954) [Sixth Circuit Court of Appeals decision upholding racial segregation in the theatre of a public park]; Florida ex rel. Hawkins v. Board of Control of Florida, 347 U.S. 971 (1954) [Florida Supreme Court decision sustaining segregation at the University of Florida]; and Tureaud v. Board of Supervisors of Louisiana State University, 347 U.S. 971 (1954) [fifth Circuit Court of Appeals decision refusing to enjoin segregation at Louisiana State University]. In addition, the Court declined to review two decisions against segregation: Holcombe v. Beal, 347 U.S. 974 (1954) [Court of Appeals of the Fifth Circuit ruling against exclusion of Negroes from a municipal golf course]; and Housing Authority of San Francisco v. Banks, 347 U.S. 974 (1954) [state court decision against segregation in a local public housing project].
83 347 U.S. 475 (1954).
84 Salsburg v. Maryland, 346 U.S. 545 (1954).
85 The Court leaned heavily on Missouri v. Lewis, 101 U.S. 22 (1879), which upheld a statute classifying the City of St. Louis and four counties specially for purposes of judicial appeals.
86 Walters v. St. Louis, 347 U.S. 231 (1954).
87 See Bowie, R. B. and Friedrich, C. J., Studies in Federalism (Boston, 1954)Google Scholar; Thursby, V. V., Interstate Cooperation: A Study of the Interstate Compact (Washington, D. C., 1953)Google Scholar; Symposium on “American Federalism: The General Perspective,” Columbia Law Review, Vol. 54, pp. 489–578 (April, 1954)Google Scholar, with articles by Henry M. Hart, Jr., Herbert Wechsler, and Paul A. Freund; Harris, Robert J., “States' Rights and Vested Interests,” Journal of Politics, Vol. 15, pp. 457–71 (Nov., 1953)CrossRefGoogle Scholar.
88 346 U.S. 485 (1953). See Rose, George, “Garner v. Teamsters: The Supreme Court and Private Rights,” Virginia Law Review, Vol. 40, pp. 177–92 (Feb., 1954)CrossRefGoogle Scholar.
89 Atchison, Topeka & Santa Fe R. Co. v. Public Utilities Commission of California, 346 U.S. 346 (1953).
90 See Hartman, P. J., “State Taxation of Interstate Commerce: An Appraisal and Suggested Approach,” Washington University Law Quarterly, Vol. 1953, pp. 233–69 (June, 1953)Google Scholar; Note, “State Taxation and Interstate Commerce,” Columbia Law Review, Vol. 54, pp. 261–77 (Feb., 1954)CrossRefGoogle Scholar.
91 347 U.S. 590 (1954).
92 347 U.S. 157 (1954).
93 The lower court relied mainly upon the well-known case of Utah Power & Light Co. v. Pfost, 286 U.S. 165 (1932), which sustained a state tax levied upon the production of electricity thereafter sold in interstate commerce. The instant case was distinguished on the ground that the Texas tax was not levied on production, but rather on the taking into interstate commerce after production, gathering, and processing.
94 347 U.S. 359 (1954).
95 The constitutional authority of Virginia to do this was sustained in Railway Express Agency v. Virginia, 282 U.S. 440 (1931).
96 Kern-Limerick, Inc. v. Scurloch, 347 U.S. 110 (1954).
97 314 U.S. 1 (1941).
98 Franklin National Bank v. New York, 347 U.S. 373 (1954).
99 Brownell v. Singer, 347 U.S. 403 (1954).
100 Zittman v. McGrath, 341 U.S. 471 (1951).
Comments
No Comments have been published for this article.