Phillips v. United States, 312 U.S. 246 (1941)
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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.
Phillips v. United States, 312 U.S. 246 (1941)
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Phillips v. United States No. 201 Argued January 15, 1941 Decided February 3, 1941 312 U.S. 246
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF OKLAHOMA
Syllabus
1. Section 266 of the Jud.Code is not a measure of broad social policy to be construed with great liberality, but an enactment technical, in the strict sense of the term, and to be applied as such. P. 251.
2. A suit to enjoin the Governor of a State from employing military force in alleged violation of plaintiff’s constitutional rights cannot be maintained in a three-judge District Court under Jud.Code § 266, or be reviewed by direct appeal to this Court under that section, where the validity of no statute of the State is challenged, but merely the legality of the Governor’s actions done under color of general provisions of the state constitution and laws conferring his executive and military powers. Sterling v. Constantin, 287 U.S. 378, distinguished. P. 253.
3. A decree of the District Court in a suit mistakenly brought under Jud.Code § 266 is reviewable by the Circuit Court of Appeals, though rendered by three judges. P. 254.
4. On an appeal to this Court from a decree of a three-judge District Court, in a suit erroneously brought under Jud.Code § 266, this Court vacated the decree and remanded the cause to the District Court so that it might enter a fresh decree from which a timely appeal could be taken. P. 254.
Decree vacated.
Appeal from a decree of the District Court of three judges awarding an interlocutory injunction. 33 F.Supp. 261.
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Chicago: U.S. Supreme Court, "Syllabus," Phillips v. United States, 312 U.S. 246 (1941) in 312 U.S. 246 312 U.S. 247. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=C9IG92U4LFWSG1A.
MLA: U.S. Supreme Court. "Syllabus." Phillips v. United States, 312 U.S. 246 (1941), in 312 U.S. 246, page 312 U.S. 247. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=C9IG92U4LFWSG1A.
Harvard: U.S. Supreme Court, 'Syllabus' in Phillips v. United States, 312 U.S. 246 (1941). cited in 1941, 312 U.S. 246, pp.312 U.S. 247. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=C9IG92U4LFWSG1A.
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