Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-06-01T22:06:29.327Z Has data issue: false hasContentIssue false
  • English
  • Français

Constitutional Law in 1941–1942: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1941

Published online by Cambridge University Press:  02 September 2013

Robert E. Cushman
Robert E. Cushman
Affiliation:
Cornell University
Get access Rights & Permissions [Opens in a new window]

Extract

The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney General Robert H. Jackson of New York took their seats as associate justices. Thus seven justices have been placed on the Court by President Roosevelt. Any idea, however, that these Roosevelt appointees conform to any uniform pattern of thought is belied by the fact that in the 75 cases in the 1941 term turning on important questions of either constitutional law or federal statutory construction, there were dissents in 36, and 23 of these dissents were by either three or four justices. No act of Congress has been declared unconstitutional since May, 1936, when the Municipal Bankruptcy Act was held invalid. Since 1937, the Court has overruled 20 previous decisions, mentioning them by name, while it has modified or qualified a number of others.

Type
Research Article
Information
American Political Science Review , Volume 37 , Issue 2 , April 1943 , pp. 263 - 289
Copyright
Copyright © American Political Science Association 1943

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 315 U.S. 110, 1942.

2 312 U.S. 100, 1942. See this Review, Vol. 36, p. 263.

3 316 U.S. 517, 1942.

4 315 U.S. 575, 1942.

5 314 U.S. 63, 1941.

6 314 U.S. 118, 1941.

7 255 U.S. 356, 1921.

8 314 U.S. 510, 1942.

9 316 U.S. 114, 1942.

10 316 U.S. 129, 1942.

11 Olmstead v. United States, 277 U.S. 438, 1928. See this Review, Vol. 23, p. 82.

12 315 U.S. 25, 1942.

13 219 U.S. 233, 1911.

14 315 U.S. 60, 1942.

15 315 U.S. 752, 1942.

16 Page 264.

17 316 U.S. 572, 1942.

18 316 U.S. 624, 1942.

19 315 U.S. 357, 1942.

20 315 U.S. 386, 1942.

21 316 U.S. 31, 1942.

22 314 U.S. 480, 1941.

23 315 U.S. 685, 1942.

24 315 U.S. 521, 1942.

25 In Columbia River Packers Association v. Hinton, 315 U.S. 143, 1942, the Norris-La Guardia Act, which forbids the issuance of injunctions in cases involving labor disputes, is inapplicable to a controversy between a fish-canning establishment and fishermen, when it appears that the fishermen in question are independent entrepreneurs rather than employees.

26 316 U.S. 159, 1942.

27 312 U.S. 600, 1941.

28 316 U.S. 241, 1942.

29 316 U.S. 265, 1942.

30 United States v. Bethlehem Steel Corporation, 315 U.S. 289, 1942.

31 314 U.S. 441, 1941.

32 314 U.S. 252, 1941.

33 Lovell v. Griffin, 303 U.S. 444, 1938, commented on in this Review, Vol. 33, p. 259; Sohneider v. Irvington, 308 U.S. 147, 1939 (see this Review, Vol. 35, p. 267).

34 316 U.S. 52, 1942.

35 315 U.S. 568, 1942.

36 310 U.S. 88, 1940. See this Review, Vol. 35, p. 268.

37 315 U.S. 722, 1942.

38 Other cases involving the legality of picketing are Hotel & Restaurant Employees' International Alliance v. Wisconsin Employment Relations Board, 315 U.S. 437, 1942; and Bakery & Pastry Drivers, etc., v. Wohl, 315 U.S. 769, 1942.

39 316 U.S. 584, 1942.

40 303 U.S. 444, 1938. See this Review, Vol. 33, p. 259.

41 310 U.S. 586, 1940. See this Review, Vol. 35, p. 269.

42 314 U.S. 219, 1941.

43 316 U.S. 465, 1942.

44 287 U.S. 45, 1932. See this Review, Vol. 28, p. 57.

45 In two cases involving no new principles, the Court continued its campaign against third-degree methods of securing evidence in criminal trials. These were Ward v. Texas, 316 U.S. 547, 1942; Waley v. Johnston, 316 U.S. 101, 1942.

46 316 U.S. 174, 1942.

47 284 U.S. 312, 1932. See this Review, Vol. 27, p. 53.

48 Norris v. Alabama, 294 U.S. 587, 1935. See this Review, Vol. 30, p. 83.

49 316 U.S. 400, 1942.

50 316 U.S. 535, 1942.

51 314 U.S. 1, 1941.

52 302 U.S. 134, 1937. See this Review, Vol. 33, p. 264.

53 277 U.S. 218, 1928. See this Review, Vol. 23, p. 99.

54 298 U.S. 393, 1936. See this Review, Vol. 31, p. 278.

55 314 U.S. 14, 1941.

56 314 U.S. 95, 1941.

57 199 U.S. 437, 1905.

58 306 U.S. 466, 1939. See this Review, Vol. 34, p. 281.

59 316 U.S. 481, 1942.

60 315 U.S. 649, 1942.

61 314 U.S. 160, 1941.

62 11 Peters 102, 1837.

63 6 Wallace 35, 1868.

64 315 U.S. 148, 1942.

65 314 U.S. 390, 1941.

66 314 U.S. 510, 1942.

67 316 U.S. 502, 1942.

Submit a response

Comments

No Comments have been published for this article.