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United States v. Smith, 286 U.S. 6 (1932)
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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.
United States v. Smith, 286 U.S. 6 (1932)
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United States v. Smith No. 694 Argued March 21, 22, 1932 Decided May 2, 1932 286 U.S. 6
CERTIFICATE FROM THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. A question of construction of the Rules of the Senate becomes a judicial question when the right of an appointee to office, challenged in a quo warranto proceeding, depends upon it. P. 33.
2. In deciding such a question, great weight is to be attached to the present construction of the rules by the Senate itself; but that construction, so far at least, as arrived at after the events in controversy, is not conclusive on the Court. Id.
3. Rules of the Senate provided that, when a nomination to office was confirmed, any Senator voting in the majority might move for reconsideration on the same day on which the vote was taken, or on either of the next two days of actual executive session; that, if notification of the confirmation had been sent to the President before the expiration of the time within which the motion to reconsider might be made, the motion to reconsider should be accompanied by a motion to request the President to return said notification to the Senate, and that nominations confirmed should not be returned by the Secretary of the Senate to the President until the expiration of the time limited for making the motion to reconsider the same, or while the motion to reconsider was pending, "unless otherwise ordered by the Senate." Held that, when the Senate had confirmed a nomination and on the same day had by unanimous consent caused the President to be notified of the confirmation, and the President thereupon had commissioned the nominee and the latter had taken the oath and entered upon the duties of his office, the rules did not contemplate that the Senate thereafter, within two executive sessions following that of the confirmation, might entertain a motion to reconsider the confirmation, request return by the President of the notification, and, upon his refusal to return it, might reconsider and reject the nomination. P. 32 et seq.
Supreme Ct. D.C. affirmed.
On certification by the Court of Appeals of the District of Columbia of a question arising upon an appeal from a judgment dismissing a petition for a writ of quo warranto. This Court ordered up the whole record.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Smith, 286 U.S. 6 (1932) in 286 U.S. 6 286 U.S. 7–286 U.S. 6astS. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=TIWW8MCX174AJF1.
MLA: U.S. Supreme Court. "Syllabus." United States v. Smith, 286 U.S. 6 (1932), in 286 U.S. 6, pp. 286 U.S. 7–286 U.S. 6astS. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TIWW8MCX174AJF1.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Smith, 286 U.S. 6 (1932). cited in 1932, 286 U.S. 6, pp.286 U.S. 7–286 U.S. 6astS. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=TIWW8MCX174AJF1.
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