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Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
In a proceeding brought by the United States to restrain the construction of a dam in a stream alleged to be a "navigable river, or other navigable water of the United States," Economy Light & Power Co. v. United States2 held that "a river having actual navigable capacity in its natural state and capable of carrying commerce among the states is within the power of Congress to preserve for future transportation, even though it be not at present used for such commerce, and be incapable of such use according to present methods, either by reason of changed conditions or because …
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
This review of Supreme Court decisions on constitutional law during the October Term of 1920 follows the plan of its predecessors.' Its aim is the modest one of exposing the precise points decided and the precise or unprecise reasons given in support of the results reached. A valiant effort is made to refrain from criticism or from adding anything to the contributions of the judges. In the footnotes are assembled references to discussions of the cases reviewed in the text and of other issues of constitutional law considered in recognized law journals from October, 1920, to October, 1921. No effort …
The Commerce Clause As A Restriction On State Taxation, J M. Landis
The Commerce Clause As A Restriction On State Taxation, J M. Landis
Michigan Law Review
In the discussion of a topic of this nature, my purpose is to restrict and not to enlarge the field of available evidence. The immense powers granted to Congress under the commerce clause are too well known, and the magnitude of their extension by the definition of the word "commerce" cannot be comprehended in a restricted dissertation such as this. Thus, the topic itself sets limits to our.range. It concerns itself with the existence of two powers, the paramount congressional control over commerce and the state's powers to tax. Both are inclined to encroach upon the prerogatives of the other, …
The Newberry Case, Ralph W. Aigler
The Newberry Case, Ralph W. Aigler
Articles
Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of …