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Downes Vs. Bidwell
Cites for this judgment
- US Supreme Court
- May 27, 1901
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U.S. 244 (1901) U.S. Supreme Court Downes v. BidwellSearch
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U.S. 244 (1901) Downes v. BidwellSearch
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a departure from this elementary principle by a criticism of the opinion of Mr. Chief Justice Taney in Scott v. SandfordSearch
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to include all actions against customs officers acting under color of their office. While, as we have held in De Lima v. BidwellSearch
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U. S. 104 , 116 U. S. 107 . See also Ins. Co. v. RitchieSearch
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Philadelphia v. TheSearch
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Hornthall v. TheSearch
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of a law of the United States, the writ of error was properly sued out from this Court. 2. In the case of De Lima v. BidwellSearch
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in short, that these words were used in a proprietary, and not in a political, sense. But, as we observed in De Lima v. BidwellSearch
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who make them, much less as dictating the construction to be put upon the Constitution by the courts. United States v. UnionSearch
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It is true that, for reasons which have become historical, this act was declared to be unconstitutional in Scott v. SandfordSearch
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Cohen v. VirginiaSearch
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Wheat. 264, 19 U. S. 399 . The earliest case is that of Hepburn v. EllzeySearch
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This case was followed in Barney v. BaltimoreSearch
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Wall. 280, and quite recently in Hooe v. JamiesonSearch
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U. S. 395 . The same rule was applied to citizens of territories in New Orleans v. WinterSearch
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In Scott v. JonesSearch
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How. 343, and in Miners' Bank v. IowaSearch
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drawn in question, an act of a territorial legislature was not within the contemplation of Congress. Loughborough v. BlakeSearch
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they apply to the territories, they were not called for by the exigencies of the case. In line with Loughborough v. BlakeSearch
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is the case of Callan v. WilsonSearch
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relating to trial by jury were held to be in force in the District of Columbia. Upon the other hand, in De Geofroy v. RiggsSearch
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extended the Constitution and laws of the United States to this District. The case of American Ins. Co. v. CanterSearch
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Page 182 U. S. 267 case Mr. Chief Justice Marshall made no reference whatever to the prior case of Loughborough v. BlakeSearch
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territories, or that the judicial clause is exceptional in that particular. This case was followed in Benner v. PorterSearch
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To the same effect are Clinton v. EnglebrechtSearch
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U. S. 90 , 95 U. S. 98 , and McAllister v. UnitedSearch
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the foundation upon which the territorial governments rest, was also asserted by Chief Justice Marshall in McCulloch v. MarylandSearch
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Wheat. 316, 17 U. S. 422 , and in United States v. GratiotSearch
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Pet. 526. So, too, in Mormon Church v. UnitedSearch
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See also, to the same Page 182 U. S. 269 effect, National Bank v. CountySearch
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U. S. 15 . In Webster v. ReidSearch
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so far as they were applicable, and the case was put upon this ground. 5 Stat. 235, 239, sec. 12. In Reynolds v. UnitedSearch
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In Springville v. ThomasSearch
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thus cease to exist as such and become of no greater authority than an ordinary act of Congress. In American Pub. Co. v. FisherSearch
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that the organic act of Utah extended the Constitution over that territory. These rulings were repeated in Thompson v. UtahSearch
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neither Congress nor the territorial legislature can enact laws inconsistent therewith. The case of Dred Scott v. SandfordSearch
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unfairly or injuriously upon some states and not equally upon others. The opinion of MR. JUSTICE WHITE in Knowlton v. MooreSearch
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in question in this case, a power it has not seen fit to exercise. The words of Chief Justice Marshall in Gibbons v. OgdenSearch
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So too, in Johnson v. McIntoshSearch
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