Missouri v. Holland
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF- MISSOURI. The case is stated in the opinion. If the act of Congress now in question- would have been-- unconstitutional when -the Constitution and the first amendments were framed and ratified, it is unconstitutional now. The Constitution itself does not change.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF- MISSOURI. The case is stated in the opinion. If the act of Congress now in question- would have been-- unconstitutional when -the Constitution and the first amendments were framed and ratified, it is unconstitutional now. The Constitution itself does not change. South Carolina v. United States, 199 U. S. 447, 448. Under the ancient law, the feudal law, and the common law in England, the absolute control of wild game was a necessary incident of sovereignty. When, therefore, the United Colonies became “Free and…
1Opinion of the CourtJustice Holmes
delivered the opinion of the court.. This is a bill in equity brought by the State of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918, c. 128, 40 Stat. 755, and the regulations made by the Secretary of Agriculture in pursuance of the same.' The ground of the bill is that the statute is an unconstitutional interference with the rights reserved to the States by the Tenth Amendment, and that the acts of the defendant done and threatened under that authority invade the sovereign right of the State and contravene its…
2Cases cited15 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Ware v. HyltonSupreme Court of the United States · 1796
- Georgia v. Tennesssee Copper Co.Supreme Court of the United States · 1907
- Hauenstein v. LynhamSupreme Court of the United States · 1880
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3Cited by406 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Massachusetts v. MellonSupreme Court of the United States · 1923
- Reid v. CovertSupreme Court of the United States · 1957
- Hughes v. OklahomaSupreme Court of the United States · 1979
- Toomer v. WitsellSupreme Court of the United States · 1948
401 more not listed; retrieve them via the Exa API.