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Brolan v. United States, 236 U.S. 216 (1915)
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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.
Brolan v. United States, 236 U.S. 216 (1915)
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Brolan v. United States No. 645 Submitted January 5, 1915 Decided February 23, 1915 236 U.S. 216
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Syllabus
In a case from the district court, if the power to review attaches because of a constitutional question, that authority gives rise to the duty of determining all the questions involved, including those that otherwise are within the exclusive jurisdiction of the district court, but if the constitutional question asserted as the basis for jurisdiction of this Court is frivolous, this Court has no power to review it or any of the other questions involved. The writ of error must be dismissed.
The absolute power expressly conferred upon Congress to regulate foreign commerce involves the existence of power to prohibit importations and to punish the act of knowingly concealing or moving merchandise which has been imported in successful violation of such prohibition. Keller v. United States, 213 U.S. 138, distinguished.
The contention in this case that § 2 of the Act of February 9, 1909, c. 100, 35 Stat. 614, regulating the importation of opium is unconstitutional as beyond the power of Congress has been so foreclosed by prior decisions of this Court that it is frivolous, and affords no basis for jurisdiction of this Court under § 238, Judicial Code.
The facts, which involve the jurisdiction of this Court under § 238, Judicial Code, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Brolan v. United States, 236 U.S. 216 (1915) in 236 U.S. 216 236 U.S. 217. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=F8I81ERK6WGGBQK.
MLA: U.S. Supreme Court. "Syllabus." Brolan v. United States, 236 U.S. 216 (1915), in 236 U.S. 216, page 236 U.S. 217. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F8I81ERK6WGGBQK.
Harvard: U.S. Supreme Court, 'Syllabus' in Brolan v. United States, 236 U.S. 216 (1915). cited in 1915, 236 U.S. 216, pp.236 U.S. 217. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=F8I81ERK6WGGBQK.
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