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Tucker v. Texas, 326 U.S. 517 (1946)
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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.
Tucker v. Texas, 326 U.S. 517 (1946)
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Tucker v. Texas No. 87 Argued December 6, 1945 Decided January 7, 1946 326 U.S. 517
APPEAL FROM THE COUNTY COURT
OF MEDINA COUNTY, TEXAS
Syllabus
1. A State can not, consistently with the freedom of religion and the press guaranteed by the First and Fourteenth Amendments, impose criminal punishment upon a person engaged in religious activities and distributing religious literature in a village owned by the United States under a Congressional program designed to provide housing for workers engaged in national defense activities, where the village is freely accessible and open to the public and has all the characteristics of a typical American town, even though the punishment is attempted under a state statute making it unlawful for any "peddler or hawker of goods or merchandise" willfully to refuse to leave the premises after having been notified to do so by the owner or possessor thereof. P. 519.
2. Neither the Federal Housing Act nor the Housing Authority Regulations indicate a purpose to restrict freedom of religion and of the press within villages such as the one here involved. P. 520.
3. A judgment of an intermediate state court sustaining a state statute challenged as repugnant to the Federal Constitution is reviewable here under § 237(a) of the Judicial Code, where such intermediate court is the highest court of the State in which a decision in the case could be had. P. 518.
Reversed.
Appeal from a judgment sustaining a conviction for violation of a state statute challenged as invalid under the Federal Constitution.
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Chicago: U.S. Supreme Court, "Syllabus," Tucker v. Texas, 326 U.S. 517 (1946) in 326 U.S. 517 326 U.S. 518. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=B2YH3YYF59B5YPP.
MLA: U.S. Supreme Court. "Syllabus." Tucker v. Texas, 326 U.S. 517 (1946), in 326 U.S. 517, page 326 U.S. 518. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=B2YH3YYF59B5YPP.
Harvard: U.S. Supreme Court, 'Syllabus' in Tucker v. Texas, 326 U.S. 517 (1946). cited in 1946, 326 U.S. 517, pp.326 U.S. 518. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=B2YH3YYF59B5YPP.
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