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Nigro v. United States, 276 U.S. 332 (1928)
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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.
Nigro v. United States, 276 U.S. 332 (1928)
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Nigro v. United States No. 600 Argued January 11, 12, 1928 Decided April 9, 1928 276 U.S. 332
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. In § 2 of the Anti-Narcotic Act, as amended, which provides that it shall be unlawful for "any person" to sell, etc., any of the drugs specified in the first section except in pursuance of a written order of the person to whom the article is sold, etc., on a form issued by the Commissioner of Internal Revenue, the words "any person" include all persons, and not merely those who by § 1 are required to register and pay the tax. P. 340.
2. So construed, the provision is constitutional. P. 351.
3. The Act, as amended February 24, 1919, is a genuine taxing act. P. 352.
4. The provision in question, being reasonably adapted to enforcement of the tax, is not an undue invasion of the police power of the states, and an incidental motive to discourage harmful uses of the drugs taxed would not make it so. P. 353.
Response to questions certified by the circuit court of appeals relative to the conviction of Nigro for selling morphine without a written order from the purchaser on an official form.
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Chicago: U.S. Supreme Court, "Syllabus," Nigro v. United States, 276 U.S. 332 (1928) in 276 U.S. 332 276 U.S. 337. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=IW22KTRSCMNF6LN.
MLA: U.S. Supreme Court. "Syllabus." Nigro v. United States, 276 U.S. 332 (1928), in 276 U.S. 332, page 276 U.S. 337. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IW22KTRSCMNF6LN.
Harvard: U.S. Supreme Court, 'Syllabus' in Nigro v. United States, 276 U.S. 332 (1928). cited in 1928, 276 U.S. 332, pp.276 U.S. 337. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=IW22KTRSCMNF6LN.
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