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Carey v. South Dakota, 250 U.S. 118 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Carey v. South Dakota, 250 U.S. 118 (1919)
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Carey v. South Dakota No. 346 Submitted April 29, 1919 Decided May 19, 1919 250 U.S. 118
ERROR TO THE SUPREME COURT
OF THE STATE OF SOUTH DAKOTA
Syllabus
Section 29, Laws of South Dakota, 1909, c. 240, which forbids shipment by carrier of wild ducks and is applicable whether the birds were taken lawfully or unlawfully, or shipped in open or closed season, is not inconsistent with the Federal Migratory Bird Act of March 4, 1913, c. 145, 37 Stat. 828, 847, and the regulations of the Department of Agriculture adopted thereunder, since the latter act prohibit only the destruction or taking of birds contrary to the regulations, and the regulations merely prescribe the closed season, and neither the act nor the regulations deals with shipping. P. 120.
Whether other provisions of this state law may be in conflict with the federal act is not considered, since the provisions in question may stand alone. Id.
The declaration of the federal act that the migratory birds "shall hereafter be deemed to be within the custody and protection of the government of the United States" is limited by the context to the prohibition above stated. P. 121.
39 S.D. 524 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Carey v. South Dakota, 250 U.S. 118 (1919) in 250 U.S. 118 250 U.S. 119. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4H6CQSGHC665HE9.
MLA: U.S. Supreme Court. "Syllabus." Carey v. South Dakota, 250 U.S. 118 (1919), in 250 U.S. 118, page 250 U.S. 119. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4H6CQSGHC665HE9.
Harvard: U.S. Supreme Court, 'Syllabus' in Carey v. South Dakota, 250 U.S. 118 (1919). cited in 1919, 250 U.S. 118, pp.250 U.S. 119. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4H6CQSGHC665HE9.
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