Houston v. Moore
Supreme Court of the United States
This was a writ of error to the Supreme Court of the State of Pennsylvania, in a case where was drawn in question the validity of a statute of that State, on the ground of its repugnancy to the constitution and laws of the United States, and the decision was in favour of its validity.
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This was a writ of error to the Supreme Court of the State of Pennsylvania, in a case where was drawn in question the validity of a statute of that State, on the ground of its repugnancy to the constitution and laws of the United States, and the decision was in favour of its validity. The statute which formed the ground of controversy in the State court, was passed on the 28th of March, 1814, and enacts, among other things, (sec. 21.) that every non-commissioned officer and private of the militia who shall have neglected or refused to serve when called into actual service, in pursuance of any…
1Opinion of the Court
The judgment of the Court was delivered at the present, term, by
Mr. Justice Washington,
who, after stating the facts of the case, proceeded as follows :
There is but one question in this cause, and it is, whether the act of the legislature of Pennsylvania, under the authority of which the plaintiff in error was tried, and sentenced to pay a fine, is repugnant to the Constitution of the United States, or not.?
But before this question can be clearly understood, it will be necessary to inquire, 1. What are the powers granted to the general government, by the Constitution of the United States, over…
2Cases cited2 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- White v. CommonwealthSupreme Court of Pennsylvania · 1812
3Cited by319 opinions
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- Gibbons v. OgdenSupreme Court of the United States · 1824
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- United States v. WheelerSupreme Court of the United States · 1978
- Bartkus v. IllinoisSupreme Court of the United States · 1959
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