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Fifth Amendment

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Institution
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Articles 451 - 468 of 468

Full-Text Articles in Constitutional Law

Constitutional Law - Retroactivity - Federal Stamp Tax On Profits Accruing From The Sale Of Silver Bullion, William J. Isaacson Jun 1937

Constitutional Law - Retroactivity - Federal Stamp Tax On Profits Accruing From The Sale Of Silver Bullion, William J. Isaacson

Michigan Law Review

Respondent purchased silver bullion on May 3, 1934, subsequently selling it on May 23 and 24. On the profits of this transaction he was required to pay a tax which he unsuccessfully attempted to have refunded. The Silver Purchase Act of June 19, 1934, imposed a fifty per cent tax consisting of stamps attached to the memorandum of sale on all profits arising from such transfers. The act further provided that the tax was to be applicable on all sales made on or after May 15, 1934. The court of claims upheld the respondent's contention that the act was unconstitutional …

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Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon Apr 1937

Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon

Michigan Law Review

In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …

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Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process May 1935

Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process

Michigan Law Review

Serious obstacles were placed in the path of social legislation by the Supreme Court's decision holding the Railroad Retirement Act unconstitutional.1 To what extent the narrow view taken of the permissible field of regulation of interstate commerce will interfere with other legislation based on the commerce power remains to be seen. The majority of the Court, speaking through Mr. Justice Roberts, found the Act objectionable both as violating the due process clause of the Fifth Amendment of the Constitution and as not being a regulation of commerce under the commerce clause. Before taking up these two aspects of the case, …

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Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project Apr 1935

Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project

Michigan Law Review

In proceedings by the United States government to condemn certain lands in the city of Louisville for the purpose of a slum clearance and low cost housing project, several property owners demurred to the condemnation petitions as being beyond the constitutional powers of the federal government. Although the United States contended that the property was being taken for a public use, in the sense of general public advantage, and that the project was a valid expenditure of public funds for the general welfare, it was held that this condemnation was not within the power of the federal government. United States …

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Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3) Apr 1935

Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)

Michigan Law Review

Pursuant to the authorization of Section 8 (3) of the Agricultural Adjustment Act, the Secretary of Agriculture issued a blanket license in the Baltimore Sales Area whereby the distributors of fluid milk or its products in the current of interstate or foreign commerce were subjected to detailed regulation of production and purchase and resale prices. The plaintiff dairy company, handling milk produced and consumed exclusively within the state, sought an in junction against the enforcement of the license. Held, in granting a final decree, that the plaintiff's activities were not in the current of and that they did not …

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Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp Dec 1933

Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp

Michigan Law Review

Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …

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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 Nov 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 was made by the plaintiff on the ground that certain transfers made within two years preceding the death of the decedent should not have been taxed under the federal estate tax since they were not in fact made in contemplation of death. The defendant filed a demurrer on the ground that under the provisions of sec. 302 (c) of the Revenue Act of 1926, such transfers were taxable regardless of the motive impelling them. The section reads: "Where within two years prior to his death . . . and without such a consideration the decedent has …

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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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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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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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The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin Dec 1930

The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin

Michigan Law Review

The second pivotal decision of the court in construction of the self-incrimination clause is that in Counselman v. Hitchcock, decided in 1892. An advantageous approach to it is furnished by certain earlier state and federal court decisions applying the common law regarding the privilege of witnesses.

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Due Process Of Law Under The United States Constitution, Hugh Evander Willis Jan 1926

Due Process Of Law Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson May 1925

Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson

Michigan Law Review

One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.

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The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Thomas Reed Powell Nov 1922

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Thomas Reed Powell

Michigan Law Review

The power of Congress over the territories was involved in three cases. Balzac v. Porto Rico held that Porto Rico has not been "incorporated" into the United States so as to make applicable the constitutional requirement of trial by jury in criminal cases. This had been substantially settled in some of the Insular Cases, leaving only the question whether the situation had since been changed. In holding that it had not, Chief Justice Taft placed chief reliance on the absence of any explicit declaration by Congress and on the fact that in the Organic Act of Porto Rico of March …

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Safeguarding The Criminal Defendant, Edson R. Sunderland Jan 1917

Safeguarding The Criminal Defendant, Edson R. Sunderland

Articles

Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing more ancient than a statutory …

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The Federal Constitution Is Not Violated By A State Law Compelling One Accused Of Crime To Testify Against Himself, James H. Brewster Jan 1909

The Federal Constitution Is Not Violated By A State Law Compelling One Accused Of Crime To Testify Against Himself, James H. Brewster

Articles

A case has been recently decided by the Supreme Court of Colorado, upon a condition of facts which it seems, has not an exact parallel in any of the reports. After being in litigation for more than eleven years the question involved was finally settled by the court of last resort of that state. In effect the decision goes to the extent of saying, that when a note is endorsed specially and afterwards comes back to the party making such special endorsement, and the party reissues the same without striking out his endorsement, no new endorsement is necessary, since the …

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The Investigation Of Corporate Monopolies, Edson R. Sunderland Jan 1906

The Investigation Of Corporate Monopolies, Edson R. Sunderland

Articles

The Supreme Court of the United States has recently given a clear and brief statement of its views respecting the right of a corporation officer to refuse to testify on the ground that his testimony may subject the corporation to a criminal prosecution. Hale v. Henkel, 26 Sup. Ct. Rep. 370. Hale was summoned before a grand jury in a proceeding under the Sherman anti-trust act, and upon being interrogated respecting certain transactions of the MacAndrews & Forbes Co., of which he was Secretary and Treasurer, refused to answer, on the ground that the Federal immunity law was not broad …

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