Constitutional Law. Federal License Tax. State Agencies. South Carolina v. United States, 26 Sp. Ct. 110

1906 ◽  
Vol 15 (5) ◽  
pp. 245
1943 ◽  
Vol 37 (2) ◽  
pp. 263-289
Author(s):  
Robert E. Cushman

The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney General Robert H. Jackson of New York took their seats as associate justices. Thus seven justices have been placed on the Court by President Roosevelt. Any idea, however, that these Roosevelt appointees conform to any uniform pattern of thought is belied by the fact that in the 75 cases in the 1941 term turning on important questions of either constitutional law or federal statutory construction, there were dissents in 36, and 23 of these dissents were by either three or four justices. No act of Congress has been declared unconstitutional since May, 1936, when the Municipal Bankruptcy Act was held invalid. Since 1937, the Court has overruled 20 previous decisions, mentioning them by name, while it has modified or qualified a number of others.


1935 ◽  
Vol 29 (2) ◽  
pp. 225-246 ◽  
Author(s):  
Alden L. Powell

The rule that the national government may not burden the governmental agencies of the states by taxation is generally familiar to students of constitutional law. An interesting phase of the development of this doctrine is found in judicial and administrative rulings on the immunity of state agencies under the national stamp-tax laws.The Early History of the Stamp Tax as Applied to State Judicial Documents. Stamps had been used as a means of securing revenue for nearly two centuries when such a method of taxation was suggested for the United States in 1797. The stamp tax originated in Holland in 1624, when, during a time of “dire necessity,” the States-General offered a reward to anyone who would invent a new kind of tax, and someone proposed “the requiring of stamps on documents and writings having a legal operation or forming necessary steps in suits in the law courts.” In 1694, England adopted this method of raising revenue. Congress first resorted to the stamp tax on legal instruments in acts of 1797 and 1813.


2019 ◽  
Vol 36 (1) ◽  
Author(s):  
Youssef J. Carter

The Mustafawi Tariqa is a transnational Sufi Order that was initiated in 1966 by the late Cheikh Mustafa Gueye Haydara (d. 1989) in Thiès, Senegal. Yet, only since 1994 has this specific Sufi network reached westward across the water, bringing American Muslims—many of whom are converts—into the larger network. In the United States, the majority of students who have entered the Tariqa and have declared allegiance (bayah) to Shaykh Arona Rashid Faye Al-Faqir are African-Americans who have inserted themselves religiously, culturally, and pedagogically into a West African Sufi tradition which emphasizes religious study and the practice of dhikr (remembrance of God). Shaykh Arona Faye is a Senegalese religious leader who relocated to the southeastern region of the United States from West Africa to spread the religion of Islam and expose American Muslims to the rich West African tradition of spiritual purification and Islamic piety. At the same time, many of those who are African-American members of this tradition have made it a point to travel to Senegal themselves to strengthen transatlantic ties with West African compatriots and visit sacred burial sites in the small city of Thiès. I examine how two sites of pilgrimage for the Mustafawi—Moncks Corner, South Carolina and Thiès, Senegal—play a part in the infrastructure of Black Atlantic Sufi network. Moncks Corner is the central site in which access to the Tariqa’s most charismatic living shaykh, Shaykh Arona Faye, has worked for the past two decades teaching and mentoring those on the Path. On the other hand, Thiès is the location where the Tariqa’s founder is buried and travelers visit the town in order to pay homage to his memory. I show how these sites catalyze mobility and operate as spaces of spiritual refuge for visitors in both local and regional contexts by looking at how a local zawiyah produces movement in relation to a broader tariqa. By looking at pilgrimage and knowledge transmission, I argue that the manner in which esoteric approaches to spiritual care and the embodiment of higher Islamic ethics via the West African Sufi methodology of the Mustafawi informs the manner in which Muslims of varying African descent inhabit a broader diasporic identification of “Black Muslimness.”


2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.


Author(s):  
Jean Galbraith

Over its constitutional history, the United States has developed multiple ways of joining, implementing, and terminating treaties and other international commitments. This chapter provides an overview of the law governing these pathways and considers the extent to which comparative law has influenced them or could do so in the future. Focusing in particular on the making of international commitments, the chapter describes how, over time, the United States came to develop alternatives to the process set out in the U.S. Constitution’s Treaty Clause, which requires the approval of two-thirds of the Senate. These alternatives arose partly from reasons of administrative efficiency and partly from presidential interest in making important international commitments in situations where two-thirds of the Senate would be unobtainable. These alternatives have had the effect of considerably increasing the president’s constitutional power to make international commitments. Nonetheless, considerable constraints remain on presidential power in this context, with some of these constraints stemming from constitutional law and others from statutory, administrative, and international law. With respect to comparative law, the chapter observes that U.S. practice historically has been largely but not entirely self-contained. Looking ahead, comparative practice is unlikely to affect U.S. constitutional law with respect to international agreements, but it might hold insights for legislative or administrative reforms.


1936 ◽  
Vol 23 (1) ◽  
pp. 102 ◽  
Author(s):  
F. D. G. Ribble ◽  
Hugh Evander Willis

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