Decisions of the Supreme Court of the United States on Constitutional Questions, 1911–1914

1915 ◽  
Vol 9 (1) ◽  
pp. 36-49
Author(s):  
Emlin McClain

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.

1972 ◽  
Vol 66 (4) ◽  
pp. 795-814 ◽  
Author(s):  
Andreas F. Lowenfeld

No recent issue has so divided lawyers and writers in the field of international law as the question whether courts of one nation should sit in judgment on the acts of other nations with respect to foreign held property—sometimes, always, or never. The United States Supreme Court in Banco Nacional de Cubav. Sabbatinosaid the answer was never—or at least hardly ever—thus upholding and reaffirming the “act of state doctrine”. The Congress in the Hickenlooper (or Sabbatino) Amendmentmade an effort to reverse that ruling, an effort that has proved largely unsuccessful. Now the State Department has taken its turn, arguing in a formal communication to the Supreme Court that when it perceives no objection to adjudication on foreign policy grounds, the courts should judge the validity of the foreign nation's acts under international law standards—at least as to counterclaims.


2019 ◽  
pp. 225-242
Author(s):  
Javier Escobar

Abstract: In Gamble v. United States, the defendant questioned the constitutionality of the dual sovereignty doctrine under the double jeopardy clause. In its judgment, delivered on 17 June, 2019, the United States Supreme Court upheld the application of the dual sovereignty doctrine, according to which different sovereigns may prosecute an individual without violating the double jeopardy clause if the individual's act infringed the laws of each sovereignty. This comment aims to address the reasoning of the Supreme Court and the rationale of the dual sovereignty doctrine, suggesting the convenience and necessity of a further study on its limits and the possible safeguards against potential abuses. 


1967 ◽  
Vol 13 (4) ◽  
pp. 481-487
Author(s):  
Noah Weinstein ◽  
Corinne R. Goodman

For the first time in its 68-year history, the juvenile court has felt the impact of the United States Supreme Court. It would be impossible to predict the exact effect of the decisions, but unquestionably they will be of prime importance in their influ ence on juvenile court procedures.


1972 ◽  
Vol 18 (1) ◽  
pp. 59-67
Author(s):  
Marc Schnall

This article summarizes the activity of the United States Supreme Court in formulating and applying definitions of what constitutes obscenity. For almost ninety years, American courts applied a test of obscenity established by a British court in 1868. In 1957, after lower courts in the United States had expanded the British definition, the Supreme Court, in Roth v. United States, defined as obscene such material which, "to the average person, apply ing contemporary community standards," appealed to prurient interests and lacked redeeming social value. Between 1957 and 1966, the Court added several dimensions to its definition of obscenity. The current test of obscenity was framed in 1966 in Memoirs v. Massachusetts, which reworded the Roth definition and included a third standard—namely, that the material must also be "patently offensive." This article examines not only the Supreme Court's actual definitions of obscenity but also the trends in these definitions and the Court's continual efforts to define and redefine obscenity.


1992 ◽  
Vol 22 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Richard Hodder-Williams

Six different notions of ‘political’ are commonly used in discussions of the US Supreme Court. All six are familiar, but the distinctions among them are seldom carefully drawn. The six are: (1) purely definitional, in the sense that the Supreme Court, as an appellate court of last resort inevitably authoritatively allocates values; (2) empirical, in the sense that litigants use the Court to try to achieve their political purposes; (3) influence seeking, in the sense that the justices have a natural desire to prevail in arguments within the court; (4) prudential, in the sense that the justices frequently consider the probable consequences of their decisions; (5) policy-oriented, in the – usually pejorative – sense that justices are said to use the Court and the law as a cover for pursuing their own policy and other goals; and (6) systemic, in the sense that the Court's decisions frequently, as a matter of fact, have consequences for other parts of the American political system. These six notions are considered in the context of recent abortion decisions.


1981 ◽  
Vol 11 (4) ◽  
pp. 449-470 ◽  
Author(s):  
Gregory A. Caldeira

Perhaps the most important decisions that the United States Supreme Court makes consist of which sorts of issues it will entertain and how, when, and in what forms it will resolve them. Indeed, as Mr Justice Brandeis once remarked, the ‘most important thing [the Court does] is not doing’, i.e. winnowing cases. Yet, until quite recently, few studies focused on the politics of the agenda-building process on the Supreme Court. From the important researches of Tanenhaus and his associates and of Ulmer and his colleagues we know that under certain conditions and in certain cases the justices operate on the basis of a few ‘cues’ in decisions to grant or deny petitions for certiorari – the main mode of obtaining a hearing from the Court. And Ulmer has instructed us that in making choices on certiorari, ‘Supreme Court justices are predisposed to support underdogs and upperdogs disproportionately but, also, are motivated to hide any “bias” that may be at work in determining votes’. So, although we do know more about some segments of agenda building than before, investigations are still at a relatively early stage. Furthermore, few have treated the Supreme Court as an institution that operates across time as well as space or have accounted for variations in its behaviour across that temporal dimension.


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