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Communist Party, U.S.A. v. Catherwood, 367 U.S. 389 (1961)
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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.
Communist Party, U.S.A. v. Catherwood, 367 U.S. 389 (1961)
Communist Party, U.S.A. v. Catherwood No. 495 Argued May 4, 1961 Decided June 12, 1961 367 U.S. 389
CERTIORARI TO THE COURT OF APPEALS OF NEW YORK
Syllabus
The New York State Industrial Commissioner terminated petitioners’ registrations and liability for state taxation as employers under the New York State Unemployment Insurance Law, and the New York Court of Appeals sustained such action, on the ground that it was required by the Communist Control Act of 1954, which declares that the Communist Party of the United States is an instrumentality of a conspiracy to overthrow the Government of the United States by force and violence, and that it and any of its successors
are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof.
This termination of state registration had the indirect effect of increasing petitioners’ tax rate under the Federal Unemployment Tax Act from about 1% to 3%. The Internal Revenue Service continued to treat petitioners as covered by the latter Act, and to collect taxes from them thereunder.
Held: the Communist Control Act of 1954 does not require exclusion of petitioners from New York’s unemployment compensation system; the judgment is reversed, and the case is remanded for further proceedings. Pp. 389-395.
8 N.Y.2d 77, 168 N.E.2d 242, reversed and case remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Communist Party, U.S.A. v. Catherwood, 367 U.S. 389 (1961) in 367 U.S. 389 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=JD9HPCZYUXSM61I.
MLA: U.S. Supreme Court. "Syllabus." Communist Party, U.S.A. v. Catherwood, 367 U.S. 389 (1961), in 367 U.S. 389, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JD9HPCZYUXSM61I.
Harvard: U.S. Supreme Court, 'Syllabus' in Communist Party, U.S.A. v. Catherwood, 367 U.S. 389 (1961). cited in 1961, 367 U.S. 389. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=JD9HPCZYUXSM61I.
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