Pacific States Telephone & Telegraph Co. v. Oregon
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. The facts, which involve the constitutionality under § 4 of Art. IV of the Federal Constitution of the initiative and referendum provisions of the constitution of the State of Oregon, 'are stated in the opinion. That Amendment controls the action of all branches of the Government, legislative, executive and judicial.
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ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. The facts, which involve the constitutionality under § 4 of Art. IV of the Federal Constitution of the initiative and referendum provisions of the constitution of the State of Oregon, 'are stated in the opinion. That Amendment controls the action of all branches of the Government, legislative, executive and judicial. Ex parte Virginia, 100 U. S. 339-347; Yick Wo v. Hopkins, 118 U. S. 356, 373; Scott v. McNeal, 154 U. S. 34; Blake v. McClung, 172 U. S. 232. The initiative act under which the license tax is claimed in this suit was “enacted” by…
1Opinion of the CourtChief Justice White
We premise by saying that while the controversy which this record presents is bf much importance, it is not novel. It is important, since it calls upon us to decide whether it is the duty of the courts or the province of Congress to determine when a State has ceased to be republican in form and to enforce the guarantee of. the Constitution on that súbject. It is not novel, as.that question has long sincé been determined by this court conformably to the practise of the Government from the beginning to be .political in character, and therefore not' cognizable by the judicial power, but solely…
2Cases cited2 opinions
- Luther v. BordenSupreme Court of the United States · 1849
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
3Cited by207 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Massachusetts v. MellonSupreme Court of the United States · 1923
- Harisiades v. ShaughnessySupreme Court of the United States · 1951
- Rescue Army v. Municipal Court of Los AngelesSupreme Court of the United States · 1947
- Coleman v. MillerSupreme Court of the United States · 1939
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