Court : US Supreme Court
..... by the laws of either of the states," no other legislation on the subject was had until the 30th of august, 1852. an act was then passed entitled "an act to amend an act entitled 'an act to provide for the better security of the lives of passengers on board of vessels, propelled in whole or in part by steam, ..... who are empowered and required to perform various duties, specified in the subdivisions following, the first six of which provide for the examination and testing the hull and the boilers and machinery, the certificate of approval, the license to carry gunpowder &c.;, and the keeping of a record of their certificates and licenses, and the page 69 u ..... 8th section of the 1st article, which declares that "the congress shall have power to regulate commerce with foreign nations, and among the several states, and with the indian tribes." the power conferred by this clause is without limitation; it extends to all the subjects of commerce, and to all persons engaged in it; it embraces traffic .....
Tag this Judgment!Court : US Supreme Court
..... jealously guarded by our national constitution against violation by any tribunal or body exercising authority under the general government, and expressly or impliedly recognized,when he fourteenth amendment was adopted in the bill of rights or constitution of every state in the union, is, yet, not a fundamental principle in governments established, as ..... proceedings conducted under the authority of the general government, and involving life, are prohibited because not constituting that due process of law required by the fifth amendment of the constitution of the united states, similar proceedings, conducted under the authority of a state, must be deemed illegal as not being due process of ..... is not to be supposed that these legislative powers are absolute and despotic, and that the amendment prescribing due process of law is too vague and indefinite to operate as a practical restraint. it is not every act, legislative in form, that is law. law is something more than mere will exerted as an .....
Tag this Judgment!Court : US Supreme Court
..... local government exercised by the cherokee nation are federal powers created by and springing from the constitution of the united states, and hence controlled by the fifth amendment to that constitution, or whether they are local powers not created by the constitution, although subject to its general provisions and the paramount authority of congress. ..... within the statute, the appellant asserts 1st, that the grand jury, consisting only of five persons, was not a grand jury within the contemplation of the fifth amendment to the constitution, which it is asserted is operative upon the cherokee nation in the exercise of its legislative authority as to purely local matters; 2d, that ..... and as to all such cases the laws of the state of arkansas extended over and put in force in said indian territory by this act shall not apply." and section 31 of the last-mentioned act closes with the following paragraphs: "the constitution of the united states and all general laws of the united states which .....
Tag this Judgment!Court : US Supreme Court
..... under the police power. a classification in a state police statute proper as to a general class is not unconstitutional under the equal protection clause of the fourteenth amendment because it ignores inequalities as to some persons embraced within the general class. the employers' liability statute of indiana of 1893 is not unconstitutional under the equal ..... duty of this court in determining the validity of the decision under review. 127 ky. 276 affirmed. the facts, which involve the constitutionality of the employers' liability act of indiana as applied to employees of railroads engaged in work other than the direct operation of the railroad, are stated in the opinion. page 218 u. s. ..... bound to conform. the sufficiency of the facts alleged to entitle to recovery was expressly based upon the provisions of the first and second subsections of 1 of an act of the legislature of indiana of march 4, 1893, known as the employers' liability statute, reading as follows: page 218 u. s. 45 "sec. 1. .....
Tag this Judgment!Court : US Supreme Court
..... no man can be compelled to testify against himself. * that should be the guide to our decisions until and unless the fifth amendment is itself amended to incorporate the rule the court today announces. * from the undisputed facts, it seems clear that these confessions would be condemned if ..... on practices which history showed were infamous. an officer page 346 u. s. 204 who indulged in the prohibited practices was acting lawlessly, and he could not in any way employ the products of his lawless activities against the citizen whose constitutional rights were ..... ---- 3 years larceny. (suspended). 1934 brooklyn, n.y. murder sing sing 20 years to life. 1948 u.s. court, n.y.c. dyer act lewisburg 3 years. ------------------------------------------------------------------------------- stein ------------------------------------------------------------------------------- 1918 new york grand larceny ---- sentence suspended. 1918 new york petty larceny ---- sentence suspended. 1921 bronx, n.y .....
Tag this Judgment!Court : US Supreme Court
..... justice bradley's and mr. justice rutledge's reliance upon the interrelationship between the fourth and fifth amendments as requiring the exclusion of unconstitutionally seized evidence. in the rochin case, three police officers, acting with neither a judicial warrant nor probable cause, entered rochin's home for the purpose of conducting ..... . [ footnote 3/5 ] "did the conduct of the police in procuring the books, papers and pictures placed in evidence by the prosecution violate amendment iv, amendment v, and amendment xiv section 1 of the united states constitution . . . ?" memorandum of mr. justice stewart. agreeing fully with part i of mr. justice ..... supreme court was compelled to uphold the constitutionality of 2905.34 despite the fact that four of its seven judges thought the statute offensive to the fourteenth amendment. [ footnote 4/4 ] respecting the "substantiality" of the federal questions tendered by this appeal, appellant's jurisdictional statement contained the following: " .....
Tag this Judgment!Court : US Supreme Court
..... . there, the court construed 18 u.s.c. 2515, the evidentiary prohibition of tit. iii of the omnibus crime control and safe streets act of 1968, 82 stat. 211, as amended, 18 u.s.c. 2510-2520. it held that 2515 could be invoked by a grand jury witness as a defense to a contempt charge ..... flaw of the alternative is that to compel calandra to testify in the first place under penalty of contempt necessarily "thwarts" his fourth amendment protection and "entangle[s] the courts in the illegal acts of government agents" -- consequences that silverthorne condemned as intolerable. to be sure, the exclusionary rule does not "provide that illegally seized ..... to questions derived from the illegal search of his office and seizure of his files is "to thwart the [fourth and fourteenth amendments' protection] of . . . individual privacy . . . and to entangle the courts in the illegal acts of government agents." ibid. "and for a court, on petition of the executive department, to sentence a witness, who is .....
Tag this Judgment!Court : US Supreme Court
..... also made a number of other related rulings which were affirmed on appeal. it upheld title iii against a claim that the statute contravened the fourth amendment restriction against unreasonable searches and seizures; determined that the application and affidavits were sufficient on their face to establish probable cause; and held that the ..... . [ footnote 9 ] the specific statutes under which petitioners were convicted were repealed in connection with the enactment of the comprehensive drug abuse prevention and control act of 1970, 84 stat. 1292. [ footnote 10 ] the government also argues that, even if the agents in this case violated the minimization requirement by ..... . its judgment is accordingly affirmed. [ footnote 1 ] see united states v. donovan, 429 u. s. 413 (1977), which involved that part of the act which requires the government to identify the person, if known, whose conversations are to be intercepted. [ footnote 2 ] the application and subsequent court order identified the .....
Tag this Judgment!Court : US Supreme Court
..... v. o'brien, 391 u. s. 367 , 391 u. s. 377 (1968). similarly, the mere fact that the government acts as property owner should not exempt it from the first amendment. nor should tradition or governmental "designation" be completely determinative of the rights of a citizen to speak on public property. many places that ..... expressive activity. broad generalizations about the proper balance are, for the most part, impossible. the court has stated one firm guideline, however: the first amendment does not guarantee that one may engage in expressive activity on government property when the expressive activity would be incompatible with important purposes of the property. ..... inc., the sierra club legal defense fund, the puerto rican legal defense and education fund, the federally employed women legal defense and education fund, the indian law resource center, the lawyers' committee for civil rights under law, and the natural resources defense council. each of the respondents attempts to influence public .....
Tag this Judgment!Court : US Supreme Court
..... the "intellectual gigolo" passage is defamatory is a question of california law, and to the extent that the court of appeals based its conclusion on the first amendment, it was mistaken. moreover, an "incremental harm" doctrine -- which measures the incremental reputational harm inflicted by the challenged statements beyond the harm imposed by the ..... the merits of the defamation claim. i petitioner jeffrey masson trained at harvard university as a sanskrit scholar, and in 1970 became a professor of sanskrit & indian studies at the university of toronto. he spent eight years in psychoanalytic training, and qualified as page 501 u. s. 500 an analyst in 1978. through ..... subject. c the constitutional question we must consider here is whether, in the framework of a summary judgment motion, the evidence suffices to show that respondents acted with the requisite knowledge of falsity or reckless disregard as to truth or falsity. this inquiry, in turn, requires us to consider the concept of falsity, .....
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