Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. III

1918 ◽  
Vol 12 (4) ◽  
pp. 640-666
Author(s):  
Thomas Reed Powell
Keyword(s):  
United States ◽  
New York ◽  
The United States ◽  
Public Works ◽  
Equal Protection ◽  
Equal Protection Clause ◽  
Race Discrimination ◽  
The Supreme Court ◽  
Work Done ◽  
Actual Decision

Two instances of race discrimination which came before the court were aimed against aliens. Truax v. Raich annulled an Arizona statute which required every employer of not more than five workers to employ not less than 80 per cent qualified electors or native born citizens of the United States. The decision was based, not only on the equal protection clause, but also on the principle that the states must not interfere with the acknowledged powers of the nation. The power to admit aliens which Congress possesses and has exercised would be nugatory if the states after their admission could deny them the opportunity of a livelihood.But neither of these principles was held applicable to the exclusion of aliens from employment on public works. The opinions in Heim v. McCall and Crane v. New York went so far as to declare that a state must be as free as an individual to decide for itself what persons shall be employed on work done for it. Yet it must be seriously doubted whether the court by actual decision would go so far as to sanction discriminations against Quakers or Methodists or Republicans or Democrats. The exclusion of aliens may be justified on grounds which would not apply to other whimsicalities.

International Tin Council v. Amalgamet Inc.

1988 ◽  
Vol 82 (4) ◽  
pp. 837-840
Author(s):  
Steven R. Ratner
Keyword(s):  
United States ◽  
New York ◽  
Supreme Court ◽  
The United States ◽  
International Organization ◽  
Legal Process ◽  
Arbitration Clause ◽  
The Supreme Court ◽  
York County

Petitioner, International Tin Council (ITC), brought an action to stay an American Arbitration Association arbitration that was initiated by respondent, Amalgamet Inc., and that arose out of petitioner’s refusal to honor three contracts for the purchase of tin from respondent. Petitioner claimed that it was immune from suit in the United States by virtue of its status as an international organization under British law, and, in the alternative, that the arbitration clause in its contract with respondent was unenforceable. The Supreme Court of New York County (per Parness, J.) dismissed the petition, and held that petitioner lacked any basis under U.S. law for immunity from legal process and that petitioner had consented to the arbitration clause providing for arbitration in New York.

Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea

2006 ◽  
Vol 34 (4) ◽  
pp. 826-828
Author(s):  
Erika Wilkinson
Keyword(s):  
United States ◽  
New York ◽  
Due Process ◽  
Mental Disease ◽  
The United States ◽  
Fourteenth Amendment ◽  
District Court ◽  
Habeas Corpus ◽  
Equal Protection Clause ◽  
Court Of Appeals

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment.

Sign in / Sign up

Export Citation Format

Share Document