Our Changing Constitution by Charles Wheeler Pierson
page 67 of 147 (45%)
page 67 of 147 (45%)
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[Footnote 3: 109 U.S., 3.] These are but a few of the many decisions of the Supreme Court in the reconstruction period upholding the rights of the states against attempted federal encroachment arising from the conditions of the Civil War. The nation owes a debt of gratitude to the men who composed the Court at this time for their courage and firmness in the face of popular clamor and passion. The solicitude of the Court for the rights of the states did not end with the reconstruction period. It has continued down to the present day. In the Income Tax cases[1] the Court held that a tax upon income from bonds of a state municipal corporation was repugnant to the Constitution as a tax upon the borrowing power of the state. [Footnote 1: _Pollock v. Farmers Loan & Trust Co._, 157 U.S., 429 (1895).] In _Keller v. United States_[1] the Court declared unconstitutional, as an encroachment on the police power of the states, an act of Congress making it a felony to harbor alien prostitutes, the Court declaring that "speaking generally, the police power is reserved to the states and there is no grant thereof to Congress in the Constitution." [Footnote 1: 213 U.S., 138 (1909).] In the Child Labor case[1] the Court held the federal Child Labor Law of 1916 unconstitutional as invading the police power reserved to the states. The Court said: |
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