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Decisions of the Supreme Court of the United States on Constitutional Questions, 1911–1914
Published online by Cambridge University Press: 02 September 2013
Extract
As the last summary in the Review of the decisions of the United States Supreme Court on constitutional questions included the cases at the October term, 1910–1911, it may be desirable now under a few headings to group the cases which seem to be of fundamental importance decided during the three judicial years commencing in 1911 and concluding in 1914. Without any numerical summary (which would be difficult and of little value in view of the fact that many cases in which constitutional questions are raised by counsel and briefly referred to by the court are of no significance as indicating any new development or application of constitutional provisions) it may safely be said that the number of important cases in which difficult constitutional questions have been decided has during this period been unusually large. As the activity of Congress in pushing its legislative power constantly closer to the line of its constitutional authority increases, the number of cases in which the limits of such authority are necessarily involved must also increase. But it may further be suggested by way of rough generalization that the principles of constitutional law relating to other subjects on the boundary line between state and federal legislative powers has become reasonably well established, and comparatively few cases of importance relating to their application have recently been decided by the Supreme Court.
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- Research Article
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- Copyright © American Political Science Association 1915
References
1 American Political Science Review (1912), vol. vi, pp. 513–523.
2 Act of June 29, 1906, Sec. 15, 34 Stat. 601.
3 231 U. S. 9.
4 231 U. S. 28.
5 The nature and extent of the power of the federal government to legislate with reference to the introduction of intoxicating liquors into an Indian reservation, although it may be within the limits of a State, is discussed with the same result in Perrin vs. United States, 232 U. S. 478.
6 232 U. S. 442.
7 232 U. S. 168.
8 See also Cincinnati vs. Louisville & Nashville R. Co., 223 U. S. 390, in which the court holds that the compacts embodied in the Ordinance of the Northwest Territory ceased to be obligatory on the States carved from that Territory after their admission to the Union.
9 232 U. S. 318.
10 234 U. S. 459.
11 Farmers, etc., Bank vs. Minnesota, 232 U. S. 516.
12 223 U. S. 118.
13 7 Howard, 1 (1849).
14 44 Oregon 118 (1903). The validity of a city ordinance adopted by referendum was sustained in the case of Pfahler, 150 Cal. 71 (1907). The same conclusion as to the validity in this respect of city ordinances was reached in Eckerson vs. Des Moines, 137 Iowa 452; while a different conclusion was announced in the case of Farnsworth, 61 Tex. Crim. Rep. 342, 135 S. W. 535, 33 L.R.A. (N. S.) 968 (1911). Constitutional provisions for legislation by the initiative and referendum have been sustained in the casesof Hartig vs. Seattle, 53 Wash. 432 (1909), and Ex parte Wagner, 21 Okla. 33 (1908).
15 232 U. S. 383.
16 234 U. S. 548.
17 Act of June 29, 1906, 34 Stat. 584.
18 Houston, etc., R. Co. vs. United States, 234 U. S. 342.
19 230 U. S. 352.
20 234 U. S. 280.
21 226 U. S. 491. The cases following this are numerous. They are cited in Missouri, K. & T. R. Co. vs. Harris, 234 U. S. 412.
22 Missouri, K. & T. R. Co. vs. Harriman, 227 U. S. 657.
23 234 U. S. 412.
24 227 U. S. 544.
25 230 U. S. 58.
26 233 U. S. 389.
27 94 U. S. 113.
28 226 U. S. 137.
29 226 U. S. 192.
30 233 U. S. 331.
31 226 U. S. 578.
32 231 U. S. 320.
33 233 U. S. 685.
34 Keokee Coke Co. vs. Taylor, 234 U. S. 224.
35 234 U. S. 199.
36 233 U. S. 630.
37 232 U. S. 138.
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