This is a list of cases reported in volume 267 of United States Reports, decided by the Supreme Court of the United States in 1925.
| Supreme Court of the United States | |
|---|---|
 | |
 | |
| 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W | |
| Established | March 4, 1789 |
| Location | Washington, D.C. |
| Coordinates | 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W |
| Composition method | Presidential nomination with Senate confirmation |
| Authorised by | Constitution of the United States, Art. III, § 1 |
| Judge term length | life tenure, subject to impeachment and removal |
| Number of positions | 9 (by statute) |
| Website | supremecourt |
Justices of the Supreme Court at the time of volume 267 U.S.
editThe Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).
When the cases in volume 267 were decided the Court comprised the following nine members:
| Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) |
Tenure on Supreme Court |
|---|---|---|---|---|---|---|
|
William Howard Taft | Chief Justice | Connecticut | Edward Douglass White | June 30, 1921 (Acclamation) |
July 11, 1921 – February 3, 1930 (Retired) |
|
Oliver Wendell Holmes Jr. | Associate Justice | Massachusetts | Horace Gray | December 4, 1902 (Acclamation) |
December 8, 1902 – January 12, 1932 (Retired) |
|
Willis Van Devanter | Associate Justice | Wyoming | Edward Douglass White (as Associate Justice) | December 15, 1910 (Acclamation) |
January 3, 1911 – June 2, 1937 (Retired) |
|
James Clark McReynolds | Associate Justice | Tennessee | Horace Harmon Lurton | August 29, 1914 (44–6) |
October 12, 1914 – January 31, 1941 (Retired) |
|
Louis Brandeis | Associate Justice | Massachusetts | Joseph Rucker Lamar | June 1, 1916 (47–22) |
June 5, 1916 – February 13, 1939 (Retired) |
|
George Sutherland | Associate Justice | Utah | John Hessin Clarke | September 5, 1922 (Acclamation) |
October 2, 1922 – January 17, 1938 (Retired) |
|
Pierce Butler | Associate Justice | Minnesota | William R. Day | December 21, 1922 (61–8) |
January 2, 1923 – November 16, 1939 (Died) |
|
Edward Terry Sanford | Associate Justice | Tennessee | Mahlon Pitney | January 29, 1923 (Acclamation) |
February 19, 1923 – March 8, 1930 (Died) |
|
Harlan F. Stone | Associate Justice | New York | Joseph McKenna | February 5, 1925 (71–6) |
March 2, 1925 – July 2, 1941 (Continued as chief justice) |
Notable Cases in 267 U.S.
editEx parte Grossman
editIn Ex parte Grossman, 267 U.S. 87 (1925), the Supreme Court held that the US President may pardon criminal contempt of court.[2] Grossman had been convicted of criminal contempt but was pardoned by the President. The U.S. district court then sent him back to prison, and he appealed to the Supreme Court.
Carroll v. United States
editIn Carroll v. United States, 267 U.S. 132 (1925), the Supreme Court upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has been cited as widening the scope of warrantless search. The Court noted that Congress early observed the need for a search warrant in non-border search situations, and Congress always recognized "a necessary difference" between searches of buildings and vehicles "for contraband goods, where it is not practical to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought."
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Samuels v. McCurdy
editSamuels v. McCurdy, 267 U.S. 188 (1925), is a decision regarding the application of ex post facto when an object was legally purchased and possessed, but was then later banned by statute. In 1917, Georgia's criminal alcohol prohibition law became effective before federal prohibition did under the Eighteenth Amendment. Sig Samuels had legally purchased alcohol for personal use before the ban. A sheriff seized the alcohol with a valid search warrant after prohibition became effective. Samuels sued for a return of his property for violating his due process; he also claimed the law was being applied in an unconstitutional ex post facto fashion because consumption per se was not forbidden by Georgia's law. The Supreme Court held that ex post facto does not apply, because possession is an ongoing condition.
Citation style
editUnder the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.
The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.
Bluebook citation style is used for case names, citations, and jurisdictions.
- "# Cir." = United States Court of Appeals
- e.g., "3d Cir." = United States Court of Appeals for the Third Circuit
- "D." = United States District Court for the District of . . .
- e.g.,"D. Mass." = United States District Court for the District of Massachusetts
- "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
- e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
- "Ct. Cl." = United States Court of Claims
- The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
- e.g.,"Pa." = Supreme Court of Pennsylvania
- e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in volume 267 U.S.
editNotes and references
edit- ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
- ^ Butler, Paul M. (1929). "Contempt and Executive Power to Pardon, Part II". Notre Dame Law Review. 4 (8). ISSN 0745-3515.
External links
edit- [1] Case reports in volume 267 from Library of Congress
- [2] Case reports in volume 267 from Court Listener
- [3] Case reports in volume 267 from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 267 from Google Scholar
- [5] Case reports in volume 267 from Justia
- [6] Case reports in volume 267 from Open Jurist
- Website of the United States Supreme Court
- United States Courts website about the Supreme Court
- National Archives, Records of the Supreme Court of the United States
- American Bar Association, How Does the Supreme Court Work?
- The Supreme Court Historical Society
