|
|
Rossi v. Pennsylvania, 238 U.S. 62 (1915)
Contents:
Show Summary
Hide Summary
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.
Rossi v. Pennsylvania, 238 U.S. 62 (1915)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 238 U.S. 56, click here.
Rossi v. Pennsylvania No. 193 Argued March 11, 1915 Decided June 1, 1915 238 U.S. 62
ERROR TO THE SUPERIOR COURT
OF THE STATE OF PENNSYLVANIA
Syllabus
A state may not punish one who sells and delivers liquor in original packages within the state pursuant to orders solicited within the state but delivered from without the state under the circumstances of this case, which arose prior to the Webb-Kenyon Law.
The transportation of intoxicating liquor, as of other merchandise, from state to state is interstate commerce, and cannot be interfered with by the states except as permitted by Congress.
The Wilson Act of 1890, while placing liquor on arrival at destination under the law of the state, does not subject liquor transported in interstate commerce to state regulation until after arrival at destination and delivery to the consignee or purchaser.
Under the Wilson Act, the power of the state does not extend to a shipment of liquor prior to delivery to the purchaser because it was transmitted in pursuance of an order previously obtained within the state, where, as in Pennsylvania, there is no statute prohibiting the solicitation and taking of such orders for liquor without a license. Delamater v. South Dakota, 205 U.S. 93, distinguished.
53 Pa.Sup. 210 reversed.
The facts, which involve the validity under the commerce clause of the federal Constitution of a conviction for selling liquor without a state license, and the construction of the Wilson Act of 1890, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Rossi v. Pennsylvania, 238 U.S. 62 (1915) in 238 U.S. 62 238 U.S. 63–238 U.S. 64. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=JD819G3DIDE269X.
MLA: U.S. Supreme Court. "Syllabus." Rossi v. Pennsylvania, 238 U.S. 62 (1915), in 238 U.S. 62, pp. 238 U.S. 63–238 U.S. 64. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JD819G3DIDE269X.
Harvard: U.S. Supreme Court, 'Syllabus' in Rossi v. Pennsylvania, 238 U.S. 62 (1915). cited in 1915, 238 U.S. 62, pp.238 U.S. 63–238 U.S. 64. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=JD819G3DIDE269X.
|