This is a list of cases reported in volume 274 of United States Reports, decided by the Supreme Court of the United States in 1927.
| 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 274 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 274 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 274 U.S.
editBuck v. Bell
editIn Buck v. Bell, 274 U.S. 200 (1927), the Supreme Court ruled that a state statute permitting compulsory sterilization of the unfit, including the intellectually disabled, "for the protection and health of the state" did not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Despite the changing attitudes in the coming decades regarding sterilization, the Supreme Court has never expressly overturned Buck v. Bell.[2] It was widely believed to have been slightly weakened by Skinner v. Oklahoma 316 U.S. 535 (1942), which involved compulsory sterilization of male habitual criminals (and came to a contrary result).[3][4]
Whitney v. California
editIn Whitney v. California, 274 U.S. 357 (1927), the Supreme Court upheld the conviction of a person who had engaged in speech that raised a threat to society. The question before the court was whether the 1919 Criminal Syndicalism Act of California violated the Fourteenth Amendment's Due Process and Equal Protection Clauses. The Court unanimously upheld Whitney's conviction; holding that the state, in exercise of its police power, has the power to punish those who abuse their rights to freedom of speech "by utterances inimical to the public welfare, tending to incite crime, disturb the public peace, or endanger the foundations of organized government and threaten its overthrow." In other words, words with a "bad tendency" can be punished.
United States v. Lee
editUnited States v. Lee, 274 U.S. 559 (1927), is a significant decision by the Supreme Court protecting prohibition laws. The Court held 1) the U.S. Coast Guard may seize, board, and search vessels beyond the U.S. territorial waters and the high seas 12 miles outward from the coast if probable cause exists to believe that the vessel and persons in it are violating U.S. revenue laws, and 2) the Coast Guard's use of searchlights to view contents of a vessel on the high seas does not constitute a search and thus does not warrant Fourth Amendment protections; the use of a searchlight is comparable to the use of binoculars, and the courts have long held that use of binoculars by law enforcement is not prohibited by the Constitution.
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 274 U.S.
editNotes and references
edit- ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
- ^ James W. Ellis, Disability Advocacy and Atkins, 57 DePaul Law Review 653, 657 (2008) ("In the eight decades since Buck, the Court has never overruled it.").
- ^ Kaelber, Lutz. "Eugenics: Compulsory Sterilization in 50 American States - Virginia". Lutz Kaelber, Associate Professor of Sociology, University of Vermont. Retrieved May 14, 2013.
- ^ "Sexual Sterilization, Virginia Code §§ 54.1-2974 - 54.1-2980". General Assembly of Virginia. Retrieved May 30, 2015.
External links
edit- [1] Case reports in volume 274 from the Library of Congress
- [2] Case reports in volume 274 from Court Listener
- [3] Case reports in volume 274 from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 274 from Google Scholar
- [5] Case reports in volume 274 from Justia
- [6] Case reports in volume 274 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
