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Constitutional Law in 1936–37: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1936

Published online by Cambridge University Press:  02 September 2013

Robert E. Cushman
Robert E. Cushman
Affiliation:
Cornell University
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Extract

The 1936 term of the Supreme Court will probably be rated a notable one. This is due both to the Court's own work, and to certain extraneous occurrences which could hardly fail to have some impact upon it. In any attempt to evaluate the work of this term, one should bear in mind the following facts: First, a month after the Court convened President Roosevelt was reëlected by one of the most impressive popular and electoral majorities in our political history. Second, in February the President submitted to Congress his proposal for the reorganization of the Supreme Court, including the enlargement of its membership by the addition, up to fifteen, of a new justice for every one remaining on the Court beyond the age of seventy. This proposal aroused violent opposition, the debates on it continued for many months, and ultimately the plan was defeated largely through the efforts of the President's own party. The discussions on this proposal were going on during much of the time in which the Court was sitting. Third, in every case in which New Deal laws were attacked, they were held valid. These results were accomplished in many instances by five-to-four margins, and in the Minimum Wage Case by a five-to-four reversal of a previous five-to-three decision.

Type
Research Article
Information
American Political Science Review , Volume 32 , Issue 2 , April 1938 , pp. 278 - 310
Copyright
Copyright © American Political Science Association 1938

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References

1 261 U.S. 72, 1923.

2 281 U.S. 548, 1929.

3 300 U.S. 515, 1937.

4 Adair v. United States, 208 U.S. 161, 1908.

5 This first Board was created by a press release from the White House and was later supported by an executive order.

6 Schechter v. United States, 295 U.S. 495,1935. For comment, see this Review, Vol. 30, p. 58.

7 301 U.S. 1, 1937.

8 295 U.S. 495.

9 Carter v. Carter Coal Co., 298 U.S. 238, 1936. For comment, see this Review, Vol. 31, p. 259.

10 301 U.S. 49, 1937.

11 301 U.S. 58, 1937.

12 301 U.S. 103, 1937.

13 301 U.S. 142, 1937.

14 297 U.S. 431, 1936. For comment, see this Review, Vol. 31, p. 262.

15 299 U.S. 334, 1937.

16 247 U.S. 251, 1918.

17 Clark Distilling Co. v. Western Maryland Ry. Co., 242 U.S. 311, 1917.

18 Supra, note 16.

19 In State Board of Equalization v. Young's Market Co., 299 U.S. 59, 1936, it is held that California could validly exact a state license fee for the privilege of importing beer. This is authorized by the Twenty-first Amendment, which specifically forbids the importation of liquor into states in violation of their laws. It is not, therefore, invalid under the commerce clause. There is no denial of equal protection in singling out this commodity for license, since the same classification occurs in the Twenty-first Amendment.

20 301 U.S. 548, 1937.

21 United States v. Butler, 297 U.S. 1, 1936. For comment, see this Review, Vol. 31, p. 254.

22 301 U.S. 619, 1937.

23 The Alabama Unemployment Compensation Act, passed conformably to the criteria set up in the Social Security Act, was held valid in Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 1937. This case is discussed infra at page 306. In Chamberlain v. Andrews, 299 U.S. 515, 1936, the New York Unemployment Insurance Act was upheld by an evenly divided Court, no opinion being written.

24 301 U.S. 308, 1937.

25 300 U.S. 352, 1937.

26 199 U.S. 437, 1905.

27 292 U.S. 360, 1934. For comment, see this Review, Vol. 29, p. 36.

28 11 Wall. 113, 1871.

29 300 U.S. 506, 1937.

30 McCray v. United States, 195 U.S. 27, 1904.

31 529 U.S. 20, 1922.

32 296 U.S. 287, 1935. For comment, see this Review, Vol. 31, p. 263.

33 300 U.S. 227, 1937.

34 300 U.S. 324, 1937.

35 300 U.S. 139, 1937.

36 300 U.S. 297, 1937.

37 299 U.S. 304, 1936.

38 300 U.S. 617, 1937.

39 299 U.S. 123, 1936.

40 295 U.S. 555, 1935. For comment, see this Review, Vol. 30, p. 76.

41 300 U.S. 440, 1937.

42 In two other cases, provisions of the Bankruptcy Act were upheld against attacks under the due process clause. Both involved minor points. See Kuehner v. Irving Trust Co., 299 U.S. 445, 1937; In re 620 Church Street Building Corporation, 299 U.S. 24, 1936.

43 301 U.S. 337, 1937.

44 299 U.S. 498, 1937.

45 300 U.S. 105, 1937.

46 300 U.S. 115, 1937.

47 296 U.S. 404, 1935. This case was decided during the 1935 term of the Court. It was inadvertently omitted from the article reviewing the work of that term. Its Importance justifies its inclusion here.

48 6 Wall. 35, 1868.

49 165 U.S. 578, 1897.

50 111 U.S. 746, 1884.

51 16 Wall. 36, 1873.

52 Larsen v. Rice, 100 Wash. 642, 1918; Spokane Hotel Co. v. Younger, 113 Wash. 359, 1920.

53 243 U.S. 629, 1917.

54 261 U.S. 525, 1923.

55 Murphy v. Sardell, 269 U.S. 530, 1925. A memorandum opinion.

56 Donham v. West-Nelson Co., 273 U.S. 657, 1927. A memorandum opinion.

57 Morehead v. New York ex rel. Tipaldo, 298 U.S. 587, 1936. For comment, see this Review, Vol. 31, p. 269.

58 300 U.S. 379, 1937.

59 301 U.S. 468, 1937.

60 301 U.S. 178, 1937.

61 300 U.S. 55, 1937.

62 300 U.S. 258, 1937.

63 299 U.S. 387, 1937.

64 299 U.S. 183, 1936.

65 300 U.S. 608, 1937.

66 291 U.S. 502, 1934. For comment, see this Review, Vol. 29, p. 45.

67 301 U.S. 441, 1937.

68 12 Howard 299, 1852.

69 301 U.S. 292, 1937.

70 299 U.S. 353, 1937.

71 301 U.S. 242, 1937.

72 Schenck v. United States, 249 U.S. 47, 1919.

73 268 U.S. 652, 1925.

74 301 U.S. 495, 1937.

75 Supra, pp. 285–287.

76 301 U.S. 548, 1937.

77 301 U.S. 412, 1937.

78 301 U.S. 234, 1937.

79 300 U.S. 308, 1937.

80 299 U.S. 366, 1937.

81 301 U.S. 459, 1937.

82 301 U.S. 397, 1937.

83 300 U.S. 175, 1937.

84 300 U.S. 319, 1937.

85 300 U.S. 124, 1937.

86 299 U.S. 33, 1936.

87 300 U.S. 109, 1937.

88 299 U.S. 401, 1937.

89 301 U.S. 183, 1937.

90 300 U.S. 290, 1937.

91 300 U.S. 154, 1937.

92 300 U.S. 577, 1937.

93 301 U.S. 148, 1937.

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