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The Constitution of the United States of America: Analysis and Interpretation
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The Constitution of the United States of America: Analysis and Interpretation Novel Chapters
List of most recent chapters published for the The Constitution of the United States of America: Analysis and Interpretation novel. A total of 323 chapters have been translated and the release date of the last chapter is Apr 02, 2024
Latest Release: Chapter 1 : The Const.i.tution of the United States ofAmerica: a.n.a.lysis and Interpretation.by Edw
The Const.i.tution of the United States ofAmerica: a.n.a.lysis and Interpretation.by Edward Corwin.PREFACE.By Honorable Alexander Wiley._Chairman, Senate Foreign Relations Committee_ To the Members and Committees of the Congress, the Const.i.tution is mor
- 1 The Const.i.tution of the United States ofAmerica: a.n.a.lysis and Interpretation.by Edward Corwin.PREFACE.By Honorable Alexander Wiley._Chairman, Senate Foreign Relations Committee_ To the Members and Committees of the Congress, the Const.i.tution is mor
- 2 Or, in more general terms, the fact that one of the three departments may apply its distinctive techniques to a certain subject matter sheds little or no light on the question whether one of the other departments may deal with the same subject matter acco
- 3 The third period was that of Judicial Review pure and simple. The Court, as heir to the acc.u.mulated doctrines of its predecessors, found itself for the time being in possession of such a variety of instruments of const.i.tutional exegesis that it was of
- 4 [38] Meyers _v._ United States, 272 U.S. 52 (1926).[39] For the famous debate between "Pacificus" (Hamilton) and "Helvidius" (Madison), see E.S. Corwin, _The President's Control of Foreign Relations_, chap. I (1917).[40] Writings
- 5 In June 1774, the Virginia and Ma.s.sachusetts a.s.semblies independently proposed an intercolonial meeting of delegates from the several colonies to restore union and harmony between Great Britain and her American Colonies. Pursuant to these calls there
- 6 THE CONSt.i.tUTION OF THE UNITED STATES OF AMERICA LITERAL PRINT CONSt.i.tUTION OF THE UNITED STATES We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,
- 7 Section. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on suc
- 8 Article. VII.The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Const.i.tution between the States so ratifying the Same.[Sidenote: The Word, "the," being interlined between the seventh and eight
- 9 Amendment [VIII.]Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Amendment [IX.]The enumeration in the Const.i.tution, of certain rights, shall not be construed to deny or disparage others ret
- 10 Section 1. The eighteenth article of amendment to the Const.i.tution of the United States is hereby repealed.Sec. 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicatin
- 11 The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our P
- 12 POWER TO GIVE EFFECT TO CONTINGENT LEGISLATION An entirely different problem arises when, instead of directing another department of government to apply a general statute to individual cases, or to supplement it by detailed regulation, Congress commands t
- 13 Writing in The Federalist[127] with reference to the election of Members of Congress, Hamilton expressed the opinion that "the qualifications of persons who may * * * be chosen * * * are defined and fixed in the Const.i.tution and are unalterable by
- 14 The object of the clause requiring the keeping of a Journal is "to insure publicity to the proceedings of the legislature, and a correspondent responsibility of the members to their respective const.i.tuents."[176] When the Journal of either Hou
- 15 CONFLICTING VIEWS ON THE COURT The second attempt to formulate a general doctrine was made in New York _v._ United States,[246] where, on review of a judgment affirming the right of the United States to tax the sale of mineral waters taken from property o
- 16 "COMMERCE" TODAY Later in his opinion Marshall qualified the word "intercourse" with the word "commercial."[310] Today "commerce" in the sense of the Const.i.tution, and hence "interstate commerce" when it
- 17 On account of the large element of "fixed charges" which enters into the setting of rates by railway companies, compet.i.tion between lines for new business was from the first very sharp, and resulted in many evils which, in the early 70's,
- 18 "The question of price dominates trade between the States. Sales of an article which affect the country-wide price of the article directly affect the country-wide commerce in it."[437] Thus a practice which demonstrably affects prices would also
- 19 The first case to come before the Court in which the issues discussed above were canva.s.sed at all thoroughly was Champion _v._ Ames,[495]involving the act of 1895 "for the suppression of lotteries."[496] An earlier act excluding lottery ticket
- 20 With "commerce among the States" it is very different. This is conducted in the interior of the country, by persons and corporations that are ordinarily engaged also in local business; its usual incidents are acts which, if unconnected with comm
- 21 State Taxation of the Interstate Commerce Privilege: Foreign Corporations DOCTRINAL HISTORY In the famous case of Paul _v._ Virginia,[623] decided in 1869, it was held that a corporation chartered by one State could enter other States only with their a.s.
- 22 Also, a State may impose a tax upon the net income of property, as distinguished from the net income of him who owns or operates it, although the property is used in interstate commerce;[720] also a "franchise tax" measured by the net income jus
- 23 ADEQUATE SERVICE REGULATIONS In many other respects the power still remains with the States to require by statute or administrative order a fair and adequate service for their inhabitants from railway companies, including interstate carriers operating wit
- 24 MISCELLANEOUS Banks and Banking A State statute which forbids individuals or partners.h.i.+ps to engage in the banking business without a license is not, as to one whose business chiefly consists in receiving deposits for periodic s.h.i.+pment to other St
- 25 Concurrent Federal and State Legislation THE GENERAL ISSUE Since the turn of the century federal legislation under the commerce clause has penetrated more and more deeply into areas once occupied exclusively by the police power of the States. The result h
- 26 Congress' power over naturalization is an exclusive power. A State cannot denationalize a foreign subject who has not complied with federal naturalization law and const.i.tute him a citizen of the United States, or of the State, so as to deprive the
- 27 POWER TO PREVENT HARMFUL USE OF THE POSTAL FACILITIES Some thirty years later Congress pa.s.sed the first of a series of acts to exclude from the mails publications designed to defraud the public or corrupt its morals. In the pioneer case of Ex parte Jack
- 28 SOURCE AND SCOPE Three different views regarding the source of the war power found expression in the early years of the Const.i.tution and continued to vie for supremacy for nearly a century and a half. Writing in The Federalist,[1203] Hamilton elaborated
- 29 The Mergence of Legislative and Executive in Wartime Both theories receive countenance in different pa.s.sages in the opinion of Chief Justice Stone in Hirabayas.h.i.+ _v._ United States.[1274] In disposing of the contention that the curfew imposed upon a
- 30 between the ages of eighteen and forty-five. The act reorganized the National Guard, determined its size in proportion to the population of the several States, required that all enlistments be for "three years in service and three years in reserve,&q
- 31 DEFINITION AND PUNISHMENT OF CRIMES Although the only crimes which Congress is expressly authorized to punish are piracies, felonies on the high seas, offenses against the law of nations, treason and counterfeiting of the securities and current coin of th
- 32 Definition At the time the Const.i.tution was adopted, many persons understood the terms _ex post facto_ laws, to "embrace all retrospective laws, or laws governing or controlling past transactions, whether * * * of a civil or a criminal nature."
- 33 TREATIES, ALLIANCES OR CONFEDERATIONS At the time of the Civil War this clause was one of the provisions upon which the Court relied in holding that the Confederation formed by the seceding States could not be recognized as having any legal existence.[154
- 34 There are three ways in which the charter of a corporation may be regarded. In the first place, it may be thought of simply as a license terminable at will by the State, like a liquor-seller's license or an auctioneer's license, but affording th
- 35 Ogden _v._ Saunders.--These obscurities were finally cleared up for most cases in Ogden _v._ Saunders,[1695] in which the temporal relation of the statute and the contract involved was exactly reversed--the former antedating the latter. Marshall contended
- 36 Subject Matter of Interstate Compacts For many years after the Const.i.tution was adopted, boundary disputes continued to predominate as the subject matter of agreements among the States. Since the turn of the twentieth century, however, the interstate co
- 37 [35] Ex parte Kollock, 165 U.S. 526 (1897).[36] b.u.t.tfield _v._ Stranahan, 192 U.S. 470 (1904).[37] United States _v._ Grimaud, 220 U.S. 506 (1911).[38] United States _v._ Shreveport Grain & Elevator Co., 287 U.S. 77, 85 (1932).[39] Currin _v._ Wallace,
- 38 [83] Kraus & Bros. _v._ United States, 327 U.S. 614 (1946).[84] Landis, Const.i.tutional Limitations on the Congressional Power of Investigation, 40 Harvard Law Review, 153, 159-166 (1926).[85] 3 Annals of Congress, 493 (1792).[86] In 1800, Secretary of t
- 39 [132] 69 Cong. Rec. 1718 (1928).[133] Hinds' Precedents of the House of Representatives, I: -- 414 (1907).[134] Ibid. ---- 415-417.[135] The part of this clause relating to the mode of apportionment of Representative among the several States, was cha
- 40 [179] Page _v._ United States, 127 U.S. 67 (1888).[180] Long _v._ Ansell, 293 U.S. 76 (1934).[181] Ibid. 83.[182] United States _v._ Cooper, 4 Dall. 341 (1800).[183] Williamson _v._ United States, 207 U.S. 425, 446 (1908).[184] Kilbourn _v._ Thompson, 103
- 41 [229] Indian Motorcycle Co. _v._ United States, 283 U.S. 570 (1931).[230] 12 Wheat. 419, 444 (1827).[231] Snyder _v._ Bettman, 190 U.S. 249, 254 (1903).[232] South Carolina _v._ United States, 199 U.S. 437 (1905). _See also_ Ohio _v._ Helvering, 292 U.S.
- 42 [279] 2 Stat. 357 (1806).[280] In an advisory opinion which it rendered for President Monroe at his request on the power of Congress to appropriate funds for public improvements, the Court answered that such appropriations might be properly made under the
- 43 [324] 6 Wheat. 264, 413 (1821).[325] 9 Wheat. 1, 195 (1824).[326] New York _v._ Miln, 11 Pet. 102 (1837), overturned in Henderson _v._ New York, 92 U.S. 259 (1876); License Cases, 5 How. 504, 573-574, 588, 613 (1847); Pa.s.senger Cases, 7 How. 283, 399-40
- 44 _See infra._ [369] 12 Stat. 489 (1862).[370] Thomson _v._ Pacific Railroad, 9 Wall. 579, 589 (1870); California _v._ Central Pacific Railroad, 127 U.S. 1, 39 (1888); Cherokee Nation _v._ Southern Kansas R. Co., 135 U.S. 641 (1890); Luxton _v._ North River
- 45 [411] 48 Stat. 1283.[412] 295 U.S. 330 (1935).[413] Ibid. 374.[414] Ibid. 384.[415] 326 U.S. 446 (1946). Indeed, in a case decided in June, 1948, Justice Rutledge, speaking for a majority of the Court, listed the Alton case as one "foredoomed to reve
- 46 [451] Carter _v._ Carter Coal Co., 298 U.S. 238 (1936).[452] Ibid. 308-309.[453] United States _v._ E.C. Knight Co., 156 U.S. 1 (1895).[454] 301 U.S. 1 (1937).[455] 49 Stat. 449.[456] 301 U.S. at 38, 41-42 (1937).[457] National Labor Relations Board _v._
- 47 [484] Ibid. 329.[485] 236 U.S. 216 (1915).[486] Ibid. 222. _See also_ Robert B. Cushman, National Police Power Under the Commerce Clause, 3 Selected Essays on Const.i.tutional Law, 62-79.[487] Groves _v._ Slaughter, 15 Pet. 449, 488-489 (1841).The Issue A
- 48 [517] 41 Stat. 324 (1919).[518] 267 U.S. at 436-439. _See also_ Kentucky Whip & Collar Co. _v._ Illinois C.R. Co., 299 U.S. 334 (1937).[519] United States _v._ Darby, 312 U.S. 100, 116-117 (1941).[520] Roland Co. _v._ Walling, 326 U.S. 657, 669 (1946).[52
- 49 [565] Eastern Air Transport, Inc. _v._ South Carolina Tax Comm'n., 285 U.S. 147, 153 (1932).[566] Rast _v._ Van Deman and Lewis, 240 U.S. 342 (1916). _See also_ Tanner _v._ Little, 240 U.S. 369 (1916), and Pitney _v._ Was.h.i.+ngton, 240 U.S. 387 (19
- 50 [613] Norton Co. _v._ Dept. of Revenue, 340 U.S. 534 (1951), although decided by a closely divided Court, further confirms this impression.[614] 9 Wheat. 1, 217-219 (1824).[615] Smith _v._ Turner (Pa.s.senger Cases), 7 How. 283 (1849).[616] Henderson _v._
- 51 [658] _See_ Railroad Co. _v._ p.e.n.i.ston, 18 Wall. 5, 30-31 (1873).[659] Pullman's Palace Car Co. _v._ Pennsylvania, 141 U.S. 18 (1891).[660] Ibid. 26.[661] 165 U.S. 194; upon rehearing 166 U.S. 185 (1897).[662] 166 U.S. at 220.[663] _See_ Justice
- 52 [706] Justice Black dissented without opinion. Justice Douglas, speaking also for Justice Murphy, contended that the sale had been local, and that the only interstate agency employed had been the mails, an argument which squares badly with the att.i.tude
- 53 [754] Western U. Teleg. Co. _v._ New Hope, 187 U.S. 419, 425 (1903); Pure Oil Co. _v._ Minnesota, 248 U.S. 158, 162 (1918).[755] New Mexico ex rel. McLean _v._ Denver & R.G.R. Co., 203 U.S. 38, 55 (1906). _Cf._ Red "C" Oil Mfg. Co. _v._ Board of
- 54 [799] Gladson _v._ Minnesota, 166 U.S. 427 (1897); followed in Lake Sh.o.r.e & M.S.R. Co. _v._ Ohio ex rel. Lawrence, 173 U.S. 285 (1899), in which an Ohio statute requiring that "each company shall cause three, each way, of its regular trains carryi
- 55 [845] Northern Transp. Co. _v._ Chicago, 99 U.S. 635, 643 (1879); Willamette Iron Bridge Co. _v._ Hatch, 125 U.S. 1 (1888); Illinois _v._ Economy Power Light Co., 234 U.S. 497 (1914).[846] Economy Light and Power Co. _v._ United States, 256 U.S. 113 (1921
- 56 [894] Merrick _v._ Halsey & Co., 242 U.S. 568 (1917). _See also_ Hall _v._ Geiger-Jones Co., 242 U.S. 539 (1917); Caldwell _v._ Sioux Falls Stock Yards Co., 242 U.S. 559 (1917).[895] Hartford Accident & Indemnity Co. _v._ Illinois ex rel.McLaughlin, 298 U
- 57 [942] 297 U.S. 431 (1936).[943] 45 Stat 1084 (1929).[944] 297 U.S. at 440. _See also_ Justice Cardozo's remarks in Baldwin _v._ Seelig, 294 U.S. 511, 526-527 (1935).[945] _Cf._ Plumley _v._ Ma.s.sachusetts, 155 U.S. 461 (1894); Savage _v._ Jones, 225
- 58 [989] 26 Stat. 414 (1890).[990] Crossman _v._ Lurman, 192 U.S. 189 (1904).[991] 34 Stat. 768 (1906); Savage _v._ Jones, 225 U.S. 501 (1912), citing Missouri, Kansas & Texas Ry. Co. _v._ Haber, 169 U.S. 613 (1898); Reid _v._ Colorado, 187 U.S. 137 (1902);
- 59 [1037] _See_ Perrin _v._ United States, 232 U.S. 478 (1914); Johnson _v._ Gearlds, 234 U.S. 422 (1914); d.i.c.k _v._ United States, 208 U.S. 340 (1908).[1038] United States _v._ Nice, 241 U.S. 591 (1916), overruling Re Heff, 197 U.S. 488, 509 (1905).[1039
- 60 [1087] 186 U.S. 181 (1902).[1088] Continental Illinois Nat. Bank & Trust Co. _v._ Chicago, R.I. & P.R. Co., 294 U.S. 648, 670 (1935).[1089] United States _v._ Bekins, 304 U.S. 27 (1938), distinguis.h.i.+ng Ashton _v._ Cameron County Water Improv. Dist., 2
- 61 [1135] Ex parte Jackson, 96 U.S. 727, 732 (1878).[1136] Searight _v._ Stokes, 3 How. 151, 169 (1845).[1137] Re Debs, 158 U.S. 564, 599 (1895).[1138] 2 Cong. Globe 4, 10 (1835).[1139] Ibid. 298. On this point his reasoning would appear to be vindicated by
- 62 "Florsheim _v._ Schilling, 137 U.S. 64 (1890): Putting elastic gussets in corsets."Cluett _v._ Claflin, 140 U.S. 180 (1891): A s.h.i.+rt bosom or d.i.c.kie sewn onto the front of a s.h.i.+rt."Adams _v._ Bellaire Stamping Co., 141 U.S. 539 (
- 63 [1209] Hamilton _v._ Dillin, 21 Wall. 73, 86 (1875). [1210] Northern P.R. Co. _v._ North Dakota, 250 U.S. 135, 149 (1919). [1211] Home Bldg. & Loan a.s.soc. _v._ Blaisdell, 290 U.S. 398 (1934). [1212] Northern P.R. Co. _v._ North Dakota, 250 U.S. 135, 149
- 64 [1258] Knox _v._ Lee (Legal Tender Cases), 12 Wall. 457, 540 (1871). [1259] 40 Stat. 276 (1917). [1260] Ibid. 272. [1261] Ibid. 411. [1262] Ibid. 451 (1918). [1263] Ibid. 904. [1264] 55 Stat. 236 (1941). [1265] 56 Stat. 176 (1942). [1266] Ibid. 23. [1267]
- 65 [1307] 255 U.S. 81 (1921).[1308] Ibid. 89.[1309] Schenck _v._ United States, 249 U.S. 47 (1919); Debs _v._ United States, 249 U.S. 211 (1919); Sugarman _v._ United States, 249 U.S. 182 (1919); Frohwerk _v._ United States, 249 U.S. 204 (1919); Abrams _v._
- 66 [1356] United States _v._ Moreland, 258 U.S. 433 (1922).[1357] Wight _v._ Davidson, 181 U.S. 371, 384 (1901); _Cf._ Adkins _v._ Children's Hospital, 261 U.S. 525 (1923) overruled by West Coast Hotel Co. _v._ Parrish, 300 U.S. 379 (1937).[1358] Kendal
- 67 [1405] Ex parte Yarbrough, 110 U.S. 651 (1884); United States _v._ Waddell, 112 U.S. 76 (1884); In re Quarles, 158 U.S. 532, 537 (1895); Motes _v._ United States, 178 U.S. 458 (1900); United States _v._ Mosley, 238 U.S. 383 (1915). _See also_ Rakes _v._ U
- 68 [1453] Goto _v._ Lane, 265 U.S. 393 (1924).[1454] Salinger _v._ Loisel, 265 U.S. 224 (1924).[1455] Wong Doo _v._ United States, 265 U.S. 239 (1924).[1456] Price _v._ Johnston, 334 U.S. 266, 294 (1948).[1457] Corwin, The President, Office and Powers, 178 (
- 69 [1503] 192 U.S. 397 (1904).[1504] 220 U.S. 107 (1911).[1505] 240 U.S. 103 (1916).[1506] Ibid. 114.[1507] 232 U.S. 261 (1914).[1508] New York Trust Co. _v._ Eisner, 256 U.S. 345, 349 (1921).[1509] Phillips _v._ Dime Trust & Safe Deposit Co., 284 U.S. 160 (
- 70 [1553] Darrington _v._ Bank of Alabama, 13 How. 12, 15 (1851); Curran _v._ Arkansas, 15 How. 304, 317 (1853).[1554] Briscoe _v._ Bank of Kentucky, 11 Pet. 257 (1837).[1555] Woodruff _v._ Trapnall, 10 How. 190, 205 (1851).[1556] Legal Tender Cases, 110 U.S
- 71 [1601] Ibid. 431.[1602] Ibid. 435.[1603] "The _Blaisdell_ decision represented a realistic appreciation of the fact that ours is an evolving society and that the general words of the contract clause were not intended to reduce the legislative branch
- 72 [1643] Ibid. 382-383.[1644] Salt Co. _v._ East Saginaw, 13 Wall. 373, 379 (1872). _See also_ Welch _v._ Cook, 97 U.S. 541 (1879); Grand Lodge, F. & A.M. _v._ New Orleans, 166 U.S. 143 (1897); Wisconsin & M.R. Co. _v._ Powers, 191 U.S.379 (1903). _Cf._ Ett
- 73 342 U.S. 305.[1687] Stone _v._ Mississippi, 101 U.S. 814, 820 (1880).[1688] Butcher's Union Co. _v._ Crescent City Co., 111 U.S. 746 (1884).[1689] New Orleans Gas Co. _v._ Louisiana Light Co., 115 U.S. 630 (1885).[1690] Atlantic Coast Line R. Co. _v.
- 74 [1731] Honeyman _v._ Jacobs, 306 U.S. 539 (1939). _See also_ Gelfert _v._ National City Bank, 313 U.S. 221 (1941).[1732] 313 U.S. at 233-234.[1733] One reason for this is indicated in the following pa.s.sage from Justice Field's opinion for the Court
- 75 [1780] Article VI.[1781] 14 Pet. 540 (1840).[1782] Ibid. 570, 571, 572.[1783] 148 U.S. 503, 518 (1893). _See also_ Stearns _v._ Minnesota, 179 U.S. 223, 244 (1900); _also_ reference in next note, at pp. 761-762.[1784] _See_ Leslie W. Dunbar, Interstate Co
- 76 Nor is it alone in the field of foreign relations that the opening clause of article II has promoted lat.i.tudinarian conceptions of Presidential power. Especially has his role as "Commander in Chief in wartime" drawn nourishment from the same s
- 77 THE PRIZE CASES The basis for a broader conception was laid in certain early acts of Congress authorizing the President to employ military force in the execution of the laws.[49] In his famous message to Congress of July 4, 1861,[50] Lincoln advanced the
- 78 By section 67 of the Organic Act of April 30, 1900,[84] the Territorial Governor is authorized "in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, [to] suspend the privilege of the writ of _habeas corpus
- 79 Actually, the negotiation of treaties had long since been taken over by the President; the Senate's role in relation to treaties is today essentially legislative in character.[147] "He alone negotiates. Into the field of negotiation, the Senate
- 80 Present Status of Indian Treaties Today Indian treaties is a closed account in the Const.i.tutional Law ledger. By a rider inserted in the Indian Appropriation Act of March 3, 1871 it was provided "That hereafter no Indian nation or tribe within the
- 81 AGREEMENTS UNDER THE UNITED NATIONS CHARTER Article 43 of the United Nations Charter provides: "1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Se
- 82 Clause 3. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.RECESS APPOINTMENTS Setting out from the proposition that the ve
- 83 The question of Congress's right also to recognize new states was prominently raised in connection with Cuba's final and successful struggle for independence. Beset by numerous legislative proposals of a more or less mandatory character, urging
- 84 SUSPENSION OF HABEAS CORPUS BY THE PRESIDENT _See_ Article I, Section 9, clause 2, pp. 312-315.PREVENTIVE MARTIAL LAW The question of executive power in the presence of civil disorder is dealt with in modern terms in Moyer _v._ Peabody,[406] decided in 19
- 85 Chief Justice Vinson launched his opinion of dissent, for himself and Justices Reed and Minton, with a survey of the elements of the emergency which confronted the President: the Korean war; the obligations of the United States under the United Nations Ch
- 86 [22] Ibid. 21-22, and citations.[23] Ibid. 22-24.[24] Ibid. 386. _See also_ ibid. 281.[25] Ford, The Rise and Growth of American Politics (New York, 1914), 293.[26] As to the meaning of "the fourth day of March", _see_ Charles Warren, Political
- 87 [70] 57 Stat. 163.[71] "During the course of the year [1945] the President directed the seizure of many of the nation's industries in the course of labor disputes. The total number of facilities taken over is significant: two railroad systems, o
- 88 [116] United States _v._ Wilson, 7 Pet. 150, 160-161 (1833).[117] 236 U.S. 79, 86 (1915).[118] Ibid. 90-91.[119] Armstrong _v._ United States, 13 Wall. 154, 156 (1872). In Brown _v._ Walker, 161 U.S. 591 (1896), the Court had said: "It is almost a ne
- 89 [161] Terrace _v._ Thompson, 263 U.S. 197 (1923).[162] 332 U.S. 633 (1948). _See also_ Takahas.h.i.+ _v._ Fish and Game Comm., 334 U.S. 410 (1948), in which a California statute prohibiting the issuance of fis.h.i.+ng licenses to persons ineligible to cit
- 90 [206] Ibid. 318. "The treaty-making power vested in our government extends to all proper subjects of negotiation with foreign governments.It can, equally with any of the former or present governments of Europe, make treaties providing for the exercis
- 91 [251] McClure, 394-403; _cf._ The Const.i.tution, article IV, section 3, clause 2. When President John Adams signed a deed conveying property for a legation to the Queen of Portugal, he was informed by his Attorney General that only Congress was competent
- 92 [292] 12 Fed Reg. 1935.[293] Shoemaker _v._ Unite States, 147 U.S. 282, 301 (1893).[294] United States _v._ Germaine, 99 U.S. 508 (1879) is the leading case. For further citations _see_ Auffmordt _v._ Hedden, 137 U.S. 310, 327 (1890). The Court will, neve
- 93 "This discretion in the executive branch has been upheld and respected by the judiciary. The courts have repeatedly held that they will not and cannot require the executive to produce such papers when in the opinion of the executive their production
- 94 [371] Chicago & S. Airlines _v._ Waterman S.S. Corp., 333 U.S. 103, 111 (1948). _See also_ Oetjen _v._ Central Leather Co., 246 U.S. 297 (1918); Ricaud _v._ American Metal Co., 246 U.S. 304 (1918); and Compania Espanola de Navegacion Maritima, S.A. _v._ T
- 95 [417] 5 Moore, International Law Digest, 478-510, _pa.s.sim_.[418] A Decade of American Foreign Policy, S. Doc. 123, 81st Cong., 1st Sess., p. 1347.[419] _See_ Max Farrand, Records, II, 318-319.[420] Youngstown Co. _v._ Sawyer, 343 U.S. 579 (1952).[421] 1
- 96 [450] 13 How. 115 (1852).[451] 13 Wall. 623 (1872).[452] 260 U.S. 327 (1922).[453] 341 U.S. 114 (1949).[454] 315 U.S. 203, 230 (1942).[455] Federalist No. 64.[456] _See also_ 40 Op. Atty. Gen. 250, 253 (1942).[457] 343 U.S. 579, 639, 640.[458] Ibid. 653,
- 97 Article III Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold t
- 98 POWER TO ISSUE WRITS; THE ACT OF 1789 From the beginning of government under the Const.i.tution of 1789 Congress has a.s.sumed under the necessary and proper clause, its power to establish inferior courts, its power to regulate the jurisdiction of federal
- 99 Once it is held that Congress can require the courts criminally to enforce unconst.i.tutional laws or statutes, including regulations, or to do so without regard for their validity, the way will have been found to circ.u.mvent the supreme law and, what is
- 100 declared Chief Justice Taney. "And certainly it is no part of the judicial functions of any court of the United States to prescribe the qualification of voters in a State, * * *; nor has it the right to determine what political privileges the citizen