Legal Opinion

Newberry v. United States

Supreme Court of the United States

Decided May 2, 1921No. 559PublishedCited by 114 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. Wbit of error to a conviction and sentence under an indictment charging conspiracy to violate the Federal Corrupt Practices Act. The case is stated in the opinion, post, 243. The statutory provision in question is without constitutional authority.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. Wbit of error to a conviction and sentence under an indictment charging conspiracy to violate the Federal Corrupt Practices Act. The case is stated in the opinion, post, 243. The statutory provision in question is without constitutional authority. Article I, § 4, of the Constitution, is the only provision of the Constitution which can be invoked in the attempt to find authority for the legislation upon which this prosecution is. based. United States v. Gradwell, 243 U. S. 476, 481, 482.. The power thus…

1Opinion of the CourtJustice McReynolds

Plaintiffs in error — Trumán H. Newberry, Paul H. King and fifteen others — were found guilty of conspiring (Criminal Code, §37) .to violate §8, Act of Congress approved June 25, 1910, c. 392, 36 Stat. 822-824, as amended by Act of August 19,1911, c. 33, 37 Stat. 25-29,— The Federal Corrupt Practices Act — which provides: “No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of…

2Cases cited8 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Ex Parte SieboldSupreme Court of the United States · 1880
  3. Ex Parte YarbroughSupreme Court of the United States · 1884
  4. Kidd v. PearsonSupreme Court of the United States · 1888
  5. United States v. MosleySupreme Court of the United States · 1915

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3Cited by114 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. United States v. ClassicSupreme Court of the United States · 1941
  3. Smith v. AllwrightSupreme Court of the United States · 1944
  4. Smiley v. HolmSupreme Court of the United States · 1932
  5. United States v. International Union United Automobile, Aircraft & Agricultural Implement WorkersSupreme Court of the United States · 1957

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