Undermining The Constitution

A HISTORY OF LAWLESS GOVERNMENT

ByThomas James Norton

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. 20	87
CITIZENSHIP, National, State Fourteenth Amendment recognized and defined two citizenships. Slaughter-House Cases (1873), 16 Wallace 36	23, 127
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 (First 10 Amendments)	BoR
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	35
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
"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	14th
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
"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
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
held not a warrant for Agricultural Adjustment Act. Justice Roberts in United States v. Butler (1936), 297 U. S. 1	199
see also SOCIAL SECURITY
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
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	68
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
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	171
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
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	CCl
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	CCl
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	91, 93
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	171
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	35
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 Exemptions From Taxation;  Graduated" Or Progressive Tax;  Income Tax	EX
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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