Legal Opinion · Dissent

Untermyer v. Anderson

Supreme Court of the United States

Decided April 9, 1928No. 221Published

1DissentJustice Holmes

As I think the construction of the Act of June 2, 1924, c. 234, § 319, adopted by four of us in Blodgett v. Holden, 275 U. S. 142, the proper one, I shall not go into the question of constitutionality beyond saying that I find it hard to state to myself articulately the ground for denying the power of Congress to lay the tax. We all know that we shall get a tax bill every year. I suppose that the taxing act may be passed in the middle as lawfully as at the beginning of the year. A tax may be levied for past privileges and protection as well as for those to come. Wagner v. Baltimore, 239 U. S.…

2Cases cited35 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  3. Ogden v. SaundersSupreme Court of the United States · 1827
  4. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  5. Nichols v. CoolidgeSupreme Court of the United States · 1927

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