This article relies too much on references to primary sources . (December 2019) (Learn how and when to remove this template message) |
Marsh v. Buck | |
---|---|
![]() | |
Argued April 29, 1941 Decided May 26, 1941 | |
Full case name | Marsh v. Buck |
Citations | 313 U.S. 406 ( more ) 61 S. Ct. 969; 85 L. Ed. 1426 |
Holding | |
General statements that the law will be enforced if enacted are not threats against entities subject to the law. | |
Court membership | |
| |
Case opinion | |
Majority | Black, joined by unanimous |
Murphy took no part in the consideration or decision of the case. |
Marsh v. Buck, 313 U.S. 406 (1941), was a United States Supreme Court case in which the Court held General statements that the law will be enforced if enacted are not threats against entities subject to the law. [1]
Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932, and as Acting Chief Justice of the United States in January–February 1930. Noted for his long service, concise and pithy opinions, and deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for opinions on civil liberties and American constitutional democracy, and is one of the most influential American common law judges, honored during his lifetime in Great Britain as well as the United States. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice in the federal Supreme Court. He previously served as an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at his alma mater, Harvard Law School.
Harlan Fiske Stone was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1925 to 1941 and then as the Chief Justice of the United States from 1941 until his death in 1946. He also served as the U.S. Attorney General from 1924 to 1925 under President Calvin Coolidge, with whom he had attended Amherst College as a young man. His most famous dictum was: "Courts are not the only agency of government that must be assumed to have capacity to govern."
Buck v. Bell, 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled, "for the protection and health of the state" did not violate the Due Process clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court has never expressly overturned Buck v. Bell.
Skinner v. State of Oklahoma, ex rel. Williamson, 316 U.S. 535 (1942), was the United States Supreme Court ruling that held that laws permitting the compulsory sterilization of criminals are unconstitutional if the sterilization law treats similar crimes differently. The relevant Oklahoma law applied to "habitual criminals," but the law excluded white-collar crimes from carrying sterilization penalties. The Court held that treating similar crimes differently violated the Equal Protection Clause of the 14th Amendment.
Carrie Elizabeth Buck was the plaintiff in the United States Supreme Court case Buck v. Bell, after having been ordered to undergo compulsory sterilization for purportedly being "feeble-minded." The surgery, carried out while Buck was an inmate of the Virginia State Colony for Epileptics and Feebleminded, took place under the authority of the Racial Integrity Act of 1924, part of the Commonwealth of Virginia's eugenics program.
Wisconsin v. Jonas Yoder, 406 U.S. 205 (1972), is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade. The parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating their children. The case is often cited as a basis for parents' right to educate their children outside of traditional private or public schools.
In American constitutional law, strict scrutiny is the highest and most stringent standard of judicial review, and results in a judge striking down a law unless the government can demonstrate in court that a law or regulation:
Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to keep the states from intruding on the enumerated powers of the U.S. federal government.
Marsh v. Chambers, 463 U.S. 783 (1983), was a landmark court case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States. Three days before the ratification of the First Amendment in 1791, containing the Establishment clause, the federal legislature authorized hiring a chaplain for opening sessions with prayer.
Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of a privately owned company town. The Court based its ruling on the provisions of the First Amendment and Fourteenth Amendment.
The Federal Corrupt Practices Act, also known as the Publicity Act, was a federal law of the United States that was enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections until the passage of the Federal Election Campaign Act in 1971. The Act was signed by President William Howard Taft on June 25, 1910.
United States v. Classic, 313 U.S. 299 (1941), was a decision by the Supreme Court of the United States that the United States Constitution empowered Congress to regulate primary elections and political party nominations procedures, and that the constitutional "right of participation" extended to primary elections "is protected just as is the right to vote at the election, where the primary is by law made an integral part of the election machinery, whether the voter exercises his right in a party primary which invariably, sometimes or never determines the ultimate choice of the representative."
In United States law, a federal enclave is a parcel of federal property within a state that is under the "Special Maritime and Territorial Jurisdiction of the United States". In 1960, the year of the latest comprehensive inquiry, 7% of federal property had enclave status. Of the land with federal enclave status, 57% was under "concurrent" state jurisdiction. The remaining 43%, on which some state laws do not apply, was scattered almost at random throughout the United States. In 1960, there were about 5,000 enclaves, with about one million people living on them. While a comprehensive inquiry has not been performed since 1960, these statistics are likely much lower today, since many federal enclaves were military bases that have been closed and transferred out of federal ownership.
Apodaca v. Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals, and held that there was no constitutional right to a unanimous verdict. Although federal law requires federal juries to reach criminal verdicts unanimously, the Court held Oregon's practice did not violate the Sixth Amendment right to trial by jury and so allowed it to continue. In Johnson v. Louisiana, a case decided on the same day, the Court held that Louisiana's similar practice of allowing criminal convictions by a jury vote of 9–3 did not violate due process or equal protection under the Fourteenth Amendment.
Tucker v. Texas, 326 U.S. 517 (1946), was a case in which the Supreme Court of the United States held that a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.
Klaxon Company v. Stentor Electric Manufacturing Company, 313 U.S. 487 (1941), was a United States Supreme Court case in which the Court applied the choice-of-law principles of Erie Railroad v. Tompkins to conflicts between laws of different states for cases sitting in federal court on diversity jurisdiction. The court held that a federal court sitting in diversity must apply the choice-of-law doctrine of the forum state to choose between the forum state's law and the other state's law.
Olsen v. Nebraska, 313 U.S. 236 (1941), was a case in which the United States Supreme Court held that the Supreme Court of Nebraska misapplied the 14th amendment's Due Process Clause, when it was used to strike down a state statute limiting the amount of compensation that private employment agencies could withhold from employees.
![]() | This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it. |