United States v. Constantine | |
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Argued November 14, 1935 Decided December 9, 1935 | |
Full case name | United States v. Constantine |
Citations | 296 U.S. 287 ( more ) 56 S. Ct. 223; 80 L. Ed. 233; 1935 U.S. LEXIS 577; 35-2 U.S. Tax Cas. (CCH) ¶ 9655; 36-1 U.S. Tax Cas. (CCH) ¶ 9009; 16 A.F.T.R. (P-H) 1137; 1935 P.H. P2159 |
Case history | |
Prior | Cert. to the Circuit Court of Appeals for the Fifth Circuit |
Court membership | |
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Case opinions | |
Majority | Roberts, joined by Hughes, Van Devanter, McReynolds, Brandeis, Sutherland, Butler, Stone |
Dissent | Cardozo |
Laws applied | |
Revenue Act of 1926 |
United States v. Constantine, 296 U.S. 287 (1935), was a case before the United States Supreme Court that concerned liquor laws and taxation. Congress placed a tax on liquor dealers who violate state liquor laws. The Court struck down the relevant portion of the Revenue Act of 1926 as an attempt to punish a state violation through taxation.
A Prohibition era federal law required that sellers of alcohol obtain a federal excise license which costs $25 if the holder was in compliance with state law but $1,000 if they were not. The appellee had paid the lower fee but was found to be in violation of Alabama law by selling malt liquor in a Birmingham restaurant that exceeded the strength allowed by state law. The federal government then pursued Constantine for the $975 difference even though the violation occurred after the repeal of Prohibition.
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