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University of Michigan Law School

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Articles 1921 - 1950 of 2298

Full-Text Articles in Constitutional Law

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings May 1932

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings

Michigan Law Review

On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).

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The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant May 1932

The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant

Michigan Law Review

When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.

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Political Theory And Practice, Everett S. Brown May 1932

Political Theory And Practice, Everett S. Brown

Michigan Law Review

A review of THE DEVELOPMENT OF AMERICAN POLITICAL THOUGHT. A DOCUMENTARY HISTORY. By J. Mark Jacobson, Ph.D.

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Constitutional Law-Compelling Witness Duty From Absent Nationals Apr 1932

Constitutional Law-Compelling Witness Duty From Absent Nationals

Michigan Law Review

In proceedings taken under the so-called Walsh Act the petitioner, Blackmer, a United States citizen residing in France, was found guilty of contempt for failure to respond to subpoenas issued out of a federal court and served on him in France by a United States consul requiring him to appear as a witness in that court. See 30 MICH. L. REV. 137 (1931) for a more detailed statement of the facts. By a unanimous decision (Mr. Justice Roberts not participating) the United States Supreme Court recently held that the contempt decree be affirmed, thus sustaining the constitutionality of the Walsh …

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Constitutional Law -Is Redistricting Of A State For Congressional Elections An Exercise Of The Lawmaking Power Of The State? Apr 1932

Constitutional Law -Is Redistricting Of A State For Congressional Elections An Exercise Of The Lawmaking Power Of The State?

Michigan Law Review

The governor of Minnesota vetoed an act of the legislature dividing the state into congressional districts in accordance with the latest re-apportionment of the House of Representatives (46 Stat. 21, 26). Thereupon the state house of representatives by resolution directed the secretary of state to enroll the bill as a law. In an action started to test the validity of the law, held, Art. 1, Sec. 4 (1) of the Constitution of the United States provides that, "The time and place of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but …

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Constitutional Law - Extent Of State Police Power In Protection Of Public Health Mar 1932

Constitutional Law - Extent Of State Police Power In Protection Of Public Health

Michigan Law Review

An Illinois statute prohibited the manufacture or sale of milk to which had been added any fat or oil other than milk fat. The defendant was engaged in manufacturing for sale outside of the state a product composed of skimmed milk and cocoanut oil which was not deleterious to health in any way. When it was sought to recover the penalty imposed by the statute for its violation, it was claimed that the law was unconstitutional in that it deprived the defendant of property without due process of law. The court held that the statute was an invalid exercise of …

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Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines Mar 1932

Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines

Michigan Law Review

A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …

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Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime Feb 1932

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime

Michigan Law Review

The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …

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The Constitution And The International Labor Conventions, Harold W. Stoke Feb 1932

The Constitution And The International Labor Conventions, Harold W. Stoke

Michigan Law Review

The International Labor Organization, since its establishment in 1919, has become one of the most active of the international institutions of the post-war period. It was founded upon that provision of the Treaty of Versailles which binds each signatory nation and those which should later join the organization to endeavor to secure and maintain fair and humane conditions of labor for men, women and children, both in their own countries and in the countries to which their commercial and industrial relations extend.

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Foreign Diplomats And The Prohibition Laws, Lawrence Preuss Jan 1932

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …

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Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court Jan 1932

Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court

Michigan Law Review

The defendant was indicted for violation of the National Prohibition Act. He pleaded immunity from prosecution in the federal court because of his forced testimony in the trial of another in the state court. Held, the state immunity statute was ineffective to protect the defendant in a federal court. United States v. Smith, 51 F.(2d) 803 (1931).

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Taxation - Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death Jan 1932

Taxation - Constitutionality Of A Conclusive Presumption That A Transfer Executed Within A Limited Period Before Death Is Made In Contemplation Of Death

Michigan Law Review

Motion for a refund by the plaintiff on the ground that certain transfers made within two years of the death of the decedent should not have been subjected to the federal estate tax as they were not in fact made in contemplation of death. The defendant filed a statutory demurrer on the ground that section 302 of the Revenue Act as amended in 1926 (26 U. S. C. A. sec. 1049C) renders such property taxable irrespective of what impelled the transfer. The section reads, "Where within two years prior to his death and without consideration the decedent has made a …

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Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp Dec 1931

Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp

Michigan Law Review

A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …

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Constitutional Law--Compelling Witness Duty From Absent Nationals Nov 1931

Constitutional Law--Compelling Witness Duty From Absent Nationals

Michigan Law Review

One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …

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Courts-Power To Direct Verdicts Where Forbidden By State Constitution Jun 1931

Courts-Power To Direct Verdicts Where Forbidden By State Constitution

Michigan Law Review

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …

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Infants-Liability On Tort Arising Out Of Contract Jun 1931

Infants-Liability On Tort Arising Out Of Contract

Michigan Law Review

Plaintiff was the assignee of a conditional sales contract for an automobile purchased by defendant, a minor. The contract contained a provision that the car should not be used in connection with any violation of any state or federal law. The defendant was apprehended by federal officers while using the car for the illegal transportation of liquor. The car was seized and later forfeited, and the plaintiff brought a tort action for the conversion of the car. Held, the infancy of the conditional buyer was no defense to an action for conversion by a wilful, illegal use. Vermont Acceptance …

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Constitutional Law-Bank Guaranty Funds Jun 1931

Constitutional Law-Bank Guaranty Funds

Michigan Law Review

The plaintiff state bank sued to enjoin collection of special assessments under a state bank guaranty law providing for assessments on every bank to establish a fund to protect depositors in failed banks, on the ground that the statute authorizing the assessments had become void as being confiscatory. At the time suit was instituted, the assessments totaled six-tenths of one per cent of average daily deposits, but after an appeal was taken from the decision of the state court, dismissing the injunction granted by the district court, a new act reduced the assessments to two-tenths of one per cent, limited …

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Constitutional Law-Just Compensation Under The Fifth Amendment- Rights Of Russian Citizen Jun 1931

Constitutional Law-Just Compensation Under The Fifth Amendment- Rights Of Russian Citizen

Michigan Law Review

The petitioner was a corporation organized under the laws of the Russian Czarist government, and in January, 1917, became an assignee for value of contracts for the construction of two vessels. In August, 1917, the United States requisitioned these contracts, and the vessels being constructed thereunder, for use in the War. The requisition was made under an act of Congress of June 15, 1917, 40 Stat. 183, which provided for compensation as follows: "Whenever the United States shall * * * requisition any contract * * * or take over any ship, * * * in accordance with the provisions …

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax May 1931

Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax

Michigan Law Review

The respondent had been convicted and punished in a criminal prosecution for dealing in intoxicating liquors. In a civil action for the collection of taxes imposed as a penalty for non-payment of taxes due because of those particular sales, held, the prior conviction of the defendant constituted a bar to this civil suit for a penalty as double jeopardy even under sec. 5 of the Willis Campbell Act. United States v. LaFranca, U. S. Sup. Ct. Feb. 24, 1931; Adv. Op. No. 74.

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Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper May 1931

Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper

Michigan Law Review

A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.

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Taxation-Excise Measured By Income From Copyrights Apr 1931

Taxation-Excise Measured By Income From Copyrights

Michigan Law Review

Plaintiff, a New York corporation, brought a bill to enjoin the Attorney-General of New York and others from collecting under a New York statute a tax levied "for the privilege of exercising its franchise in this state in a corporate or organized capacity," and measured by "income from any source," which had been interpreted to include income derived from copyrights, on the ground that the statute, as applied, infringed the federal Constitution. Held, three judges dissenting, that the tax was an excise tax levied for the privilege of doing business in a corporate capacity and that a constitutionally permissible …

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Constitutional Law-Validity Of The Eighteenth Amendment Apr 1931

Constitutional Law-Validity Of The Eighteenth Amendment

Michigan Law Review

Defendants were indicted for violation of the National Prohibition Act, and on motion to quash they argued that the Eighteenth Amendment under which this statute was enacted conferred new direct powers upon the United States and, within the intent of Article V of the Constitution, could not be properly ratified except by convention. The lower court, on a theory of political interpretation, agreed; indictment quashed. On appeal to the Supreme Court it was held, that the Eighteenth Amendment was lawfully ratified by a method clearly and unequivocally left to the election of Congress. United States v. Sprague, U. …

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Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax Apr 1931

Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax

Michigan Law Review

A trust, established in 1908, reserved a power to the settlor to alter or amend the provisions of the trust, conditioned on the assent of the trustee. 26 U. S. C. A. sec. 1094 (d), Rev. Act (1926) sec. 302 (d), which applied to trusts subject at the date of death to any change through the exercise of a power either by the decedent alone or in conjunction with any person, to alter, amend or revoke, was made retroactive by clause (h) of the same section. Held, since the transfer was complete before the death of the settler, section …

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Review: Cases On Constitutional Law, Thomas C. Lavery Apr 1931

Review: Cases On Constitutional Law, Thomas C. Lavery

Michigan Law Review

A Review of: CASES ON CONSTITUTIONAL LAW By Dudley O. McGovney.

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Constitutional Law-Due Process-Reasonableness Of Police Regulation Mar 1931

Constitutional Law-Due Process-Reasonableness Of Police Regulation

Michigan Law Review

The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …

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Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black Mar 1931

Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black

Michigan Law Review

A Review of THE CONSTITUTION AND WHAT IT MEANS TODAY. By Edward S. Corwin

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Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …

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Constitutional Law-Due Process-Revocationof Driver's License Mar 1931

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

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Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment Mar 1931

Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment

Michigan Law Review

The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.

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