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Constitutional Law in 1931–32: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1931
Published online by Cambridge University Press: 02 September 2013
Extract
In its decision in United States v. Smith, the Supreme Court has given final victory to President Hoover in his bitter fight with the Senate in January, 1931, over his appointments to the Federal Power Commission. On December 3, 1930, the President sent to the Senate Smith's nomination to the Federal Power Commission. On Saturday, December 20, 1930, the Senate advised and consented to the appointment and ordered the resolution of confirmation sent to the President. The Senate thereupon adjourned to Monday, January 5, 1931. On Monday, December 22, 1930, the President received the notification that the appointment had been confirmed and on the same day issued Smith's commission. Smith immediately took the oath of office and entered upon his duties. While the record of the Court does not disclose this fact, it will be recalled that one of the very first “duties” entered upon by Smith and his colleagues was the summary dismissal of two subordinates of the Commission generally admitted to have been active in the protection of the public against the aggressions of the so-called power interests. Accordingly, when the Senate convened on January 5, 1931, a majority of its members very much wished to recall the confirmation of Smith's appointment.
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- Research Article
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- Copyright © American Political Science Association 1933
References
1 286 U.S. 6, 1932.
2 286 U.S. 482, 1932. In La Albra Silver Mining Co. v. United States, 175 U.S. 423, 1899, the Court held that the President had the constitutional right to approve a bill within ten days even though Congress at the time of the President's action had adjourned for a recess. In this instance, President Harrison had signed a bill on December 28, 1892, at which time Congress was in recess for the holidays. The Court said that the mere fact that the President in signing a bill is performing a legislative function does not require him to perform that function while Congress is actually sitting.
3 286 U.S. 427, 1932.
4 284 U.S. 125, 1931.
5 285 U.S. 393, 1932.
6 257 U.S. 501, 1922. Mr. Justice Holmes wrote the opinion in this case and declared: “The same considerations that invalidate a tax upon the leases invalidate a tax upon the profits of the leases, and … a tax upon such profits is a direct hamper upon the efforts of the United States to make the best terms that it can for its wards.”
7 285 U.S. 312, 1932.
8 284 U.S. 498, 1932.
9 195 U.S. 27, 1904.
10 Bailey v. Drexel Furniture Co., 259 U.S. 20, 1922.
11 285 U.S. 22, 1932.
12 285 U.S. 452, 1932.
13 286 U.S. 1, 1932.
14 284 U.S. 141, 1931.
15 284 U.S. 421, 1932.
16 Smiley v. Holm, 285 U.S. 355, 1932.
17 Carroll v. Becker, 285 U.S. 380, 1932.
18 Koenig v. Flynn, 285 U.S. 375, 1932.
19 241 U.S. 565, 1916.
20 286 U.S. 374, 1932.
21 284 U.S. 335, 1932.
22 285 U.S. 105, 1932.
23 285 U.S. 262, 1932.
24 284 U.S. 8, 1931.
25 286 U.S. 210, 1932.
26 284 U.S. 206, 1931.
27 286 U.S. 276, 1932.
28 280 U.S. 204, 1930. For comment, see this Review, vol 25, p. 90Google Scholar.
29 284 U.S. 312, 1932.
30 284 U.S. 151, 1931.
31 273 U.S. 536, 1927. See comment in this Review, vol. 22 p. 90Google Scholar.
32 286 U.S. 73, 1932.
33 The application of the equal protection clause to state taxation was involved in two cases. Cumberland Coal Co. v. Board of Revision, 284 U.S. 23, 1931, upheld against a charge of arbitrary classification a tax levied upon coal lands. Iowa-Des Moines National Bank v. Bennett, 284 U.S. 239, 1931, invalidates certain state taxes as discriminating against the shares of national banks.
34 286 U.S. 131, 1932.
35 285 U.S. 234, 1932. Continental Baking Co. v. Woodring, 286 U.S. 352, 1932, upholds a state tax upon motor carriers against the claim that it burdens interstate commerce and denies due process of law.
36 285 U.S. 147, 1932.
37 286 U.S. 165, 1932.
38 286 U.S. 472, 1932.
39 284 U.S. 41, 1931.
40 286 U.S. 123, 1932.
41 277 U.S. 142, 1928. See comment in this Review, vol. 23, p. 100Google Scholar.
42 285 U.S. 434, 1932.
43 285 U.S. 467, 1932. Pacific Company v. Johnson, 285 U.S. 480, 1932, holds that there is no impairment of the obligation of contract in using as a basis for a corporate franchise tax the entire net income of the corporation, including the income from tax-exempt municipal bonds, as long as such income is not the subject of any discrimination. The case is distinguished on none too substantial grounds from the case of Macallen Company v. Massachusetts, 279 U.S. 620, 1929 (for comment, see this Review, vol. 24, p. 102Google Scholar), and three justices dissented on the authority and reasoning of the earlier case.
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