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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1943 Page 1 of about 11 results (0.144 seconds)

Jun 21 1943 (FN)

Schneiderman Vs. United States

Court : US Supreme Court

Decided on : Jun-21-1943

..... of fraud in such cases is to read "illegality" out of the statute in every instance where an alien demonstrably not attached to the principles of the constitution has procured a certificate of citizenship. even if we were to recast an act of congress in accordance with our own notions of policy, it would be difficult to discover any considerations ..... now proposed defies the purpose and will of congress. it is inconceivable that congress should have intended that a naturalized citizen's attachment to the principles of the constitution -- the most fundamental requirement for citizenship -- should be the one issue which, in the absence page 320 u. s. 178 of fraud, the government is foreclosed from examining. to limit the ..... and relying wholly upon a charge of illegal procurement, can secure a de novo reexamination of a naturalization court's finding and judgment that an applicant for citizenship was attached to the principles of the constitution. we do not consider these questions. for, though we assume, without deciding, that, in the absence of fraud, a certificate of naturalization can be ..... disbelievers in organized government or members of organizations teaching such disbelief. polygamists and advocates of political assassination were also barred. [ footnote 9 ] applicants for citizenship were required to take an oath to support the constitution, to bear true faith and allegiance to the same and the laws of the united states, and to renounce all allegiance to any foreign prince, .....

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Jun 14 1943 (FN)

West Virginia State Bd. of Educ. Vs. Barnette

Court : US Supreme Court

Decided on : Jun-14-1943

..... , delicate, and highly discretionary functions, but none that they may not perform within the limits of the bill of rights. that they are educating the young for citizenship is reason for scrupulous protection of constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as ..... . 647 action of a lifetime. but, as judges, we are neither jew nor gentile, neither catholic nor agnostic. we owe equal attachment to the constitution, and are equally bound by our judicial obligations whether we derive our citizenship from the earliest or the latest immigrants to these shores. as a member of this court, i am not justified in writing my private ..... the public schools, established by the legislature of the state of west virginia under the authority of the constitution of the state of west virginia and supported by taxes imposed by legally constituted measures, are dealing with the formative period in the development in citizenship that the flag is an allowable portion of the program of schools thus publicly supported." "therefore, be it ..... caution in its use. the precise scope of the question before us defines the limits of the constitutional power that is in issue. the state of west virginia requires all pupils to share in the salute to the flag as part of school training in citizenship. the present action is one to enjoin the enforcement of this requirement by those in school .....

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May 24 1943 (FN)

Burford Vs. Sun Oil Co.

Court : US Supreme Court

Decided on : May-24-1943

..... the enforcement of any order issued by a state administrative body where the jurisdiction of the court "is based solely upon the ground of diversity of citizenship, or the repugnance of such order to the constitution of the united states", and "where such order (1) affects rates chargeable by a public utility, (2) does not interfere with interstate commerce, and ..... the controversies in those cases, and thus eliminated serious constitutional questions. under such circumstances, it was an affirmation, and not a denial, of federal jurisdiction in each of those cases for the district court to hold the bill ..... waste of a tentative decision," id. at 312 u. s. 500 . the pullman and fieldcrest dairies cases are merely illustrative of one phase of the basic constitutional doctrine that substantial constitutional issues should be adjudicated only when no alternatives are open. a definitive ruling by the state courts upon the questions of construction of the state statutes might have terminated ..... can be imagined. [ footnote 23 ] the federal court has been called upon constantly to determine whether the railroad commission has acted within the scope of statutory authority, while the important constitutional issues have, as the federal court has repeatedly said, been fairly well settled from the beginning. [ footnote 24 ] page 319 u. s. 329 these federal court decisions on .....

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May 03 1943 (FN)

Douglas Vs. City of Jeannette

Court : US Supreme Court

Decided on : May-03-1943

..... threaten to continue to enforce the ordinance by arrests and prosecutions. the suit was not based nor maintainable on the ground of diversity of citizenship, but was alleged to arise page 319 u. s. 158 under the constitution and laws of the united states, including the civil rights act of 1871. held: (1) the suit was within the jurisdiction of ..... constitutionality accordingly, rather than to undertake censoring their draftsmanship. secondly, in neither opinion does the court give clear-cut consideration to the particular activities claimed to be entitled to constitutional immunity, but, in one case, blends with them conduct of others not in question, and in the other, confuses with the rights in question here certain alleged rights ..... conformity to the judiciary article of the constitution. congress, by its legislation, has adopted the policy, with certain well defined statutory exceptions, of leaving generally to the state courts the trial of criminal cases arising under ..... especially should it do so where its powers are invoked to interfere by injunction with threatened criminal prosecutions in a state court. the power reserved to the states under the constitution to provide for the determination of controversies in page 319 u. s. 163 their courts may be restricted by federal district courts only in obedience to congressional legislation in .....

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May 03 1943 (FN)

Murdock Vs. Pennsylvania

Court : US Supreme Court

Decided on : May-03-1943

..... of the resources necessary for its maintenance." "the judgment in jones v. opelika has this day been vacated. freed from that controlling precedent, we can restore to their high constitutional position the liberties of itinerant evangelists who disseminate their religious beliefs and the tenets of their faith through distribution of literature." the record shows that books entitled "creation" and " ..... his church. a clergyman, no less than a judge, is a citizen. and not only in time of war would neither willingly enjoy immunity from the obligations of citizenship. it is only fair that he also who preaches the word of god should share in the costs of the benefits provided by government to him as well as to ..... religion. they stand or fall together. the judgment in jones v. opelika has this day been vacated. freed from that controlling precedent, we can restore to their high, constitutional position the liberties of itinerant evangelists who disseminate their religious beliefs and the tenets of their faith through distribution of literature. the judgments are reversed, and the causes are remanded ..... stopped. the fact that the ordinance is "nondiscriminatory" is immaterial. the protection afforded by the first amendment is not so restricted. a license tax certainly does not acquire constitutional validity because it classifies the privileges protected by the first amendment along with the wares and merchandise of hucksters and peddlers, and treats them all alike. such equality in treatment .....

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Apr 05 1943 (FN)

Ex Parte Republic of Peru

Court : US Supreme Court

Decided on : Apr-05-1943

..... court's control over its business by curtailing its appellate jurisdiction drastically. relief was given by congress to enable this court to discharge its indispensable functions of interpreting the constitution and preserving uniformity of decision among the eleven intermediate courts of appeals. periodically since the civil war -- to speak only of recent times -- the prodigal scope of ..... elegancies of diplomacy into the severe business of securing legal rights through the judicial machinery normally adapted for the purpose. after all, if the framers of the constitution had deemed litigation in this court alone to comport with appropriate regard for the dignity of a friendly foreign state, they would have given this court original jurisdiction ..... tribunals, see california v. southern pacific co., 157 u. s. 229 . they were, in effect, suits by states against federal functionaries in situations in which the citizenship of these functionaries was irrelevant to the controversy. and so the considerations that made the controversies by maryland and colorado justiciable through ancillary writs might have been equally relevant in ..... participation in the litigation. here, the district court acquired jurisdiction in rem by the seizure and control of the vessel, and the libellant's claim against the vessel constituted a case or controversy which the court had authority to decide. indeed, for the purpose of determining whether petitioner was entitled to the claimed immunity, the district court .....

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1943

Hirabayashi Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1943

..... in this instance as in many others, preclude congress from holding committee meetings to determine whether there is danger, before it enacts legislation to combat the danger. the constitution, as a continuously operating charter of government, does not demand the impossible or the impractical. the essentials of the legislative function are preserved when congress authorizes a statutory command ..... at san francisco asserted that over 51,000 of the approximately 63,000 american-born persons of japanese parentage then in the western part of the united states held japanese citizenship. mears, resident orientals on the american pacific coast, pp. 107-08, 429. a census conducted under the auspices of the japanese government in 1930 asserted that approximately ..... including the military commander, could have attributed special significance, in its bearing on the loyalties of persons of japanese descent, to the maintenance by japan of its system of dual citizenship. children born in the united states of japanese alien parents, and especially those children born before december 1, 1924, are, under many circumstances, deemed, by japanese law, ..... was about to begin. he also stated to the senate that "reasons for suspected widespread fifth-column activity among japanese" were to be found in the system of dual citizenship which japan deemed applicable to american-born page 320 u. s. 91 japanese, and in the propaganda disseminated by japanese consuls, buddhist priests and other leaders, among american .....

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Nov 08 1943 (FN)

Meredith Vs. Winter Haven

Court : US Supreme Court

Decided on : Nov-08-1943

..... the case on the merits turned on questions of florida constitutional and statutory law which the decisions of the florida courts had left in a state of uncertainty. petitioners brought this suit in the district court for southern florida, alleging by ..... is or will be declared to be, and in view of this uncertainty, since no federal question was presented and the jurisdiction was invoked solely on grounds of diversity of citizenship, it thought that petitioners should be required to proceed in the state courts. although the opinion below refers to the suit as one for a declaratory judgment, the declaration ..... court. mr. chief justice stone delivered the opinion of the court. petitioners sought a judgment granting equitable relief in the district court below, whose jurisdiction rested solely on diversity of citizenship. the question is whether the circuit court of appeals, on appeal from the judgment of the district court, rightly declined to exercise its jurisdiction on the ground that decision of ..... u.s. 228 certiorari to the circuit court of appeals for the fifth circuit syllabus 1. where a federal court has jurisdiction of a case, though solely by diversity of citizenship, the difficulties of ascertaining what the state courts may thereafter determine the state law to be do not, in themselves, afford a sufficient ground for declining to exercise the jurisdiction .....

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Apr 19 1943 (FN)

Board of County Comm'rs Vs. Seber

Court : US Supreme Court

Decided on : Apr-19-1943

..... s. 718 . 3. the act of june 20, 1936, and the act of may 19, 1937, as here applied, are constitutional. p. 318 u. s. 715 . 4. the grant of citizenship is not inconsistent with the status of indians as wards whose property is subject to the plenary control of the federal government. p. 318 ..... recognized. cf. 31 u. s. georgia, 6 pet. 515. this power is not expressly granted in so many words by the constitution, except with respect to regulating commerce with the indian tribes, but its existence cannot be doubted. in the exercise of the war and treaty powers, the ..... to the tax exemption afforded restricted homesteads by the act until congress otherwise directs. page 318 u. s. 715 the acts of 1936 and 1937 are constitutional. from almost the beginning, the existence of federal power to regulate and protect the indians and their property against interference even by a state has been ..... immunity to all three tracts for the year 1937, that thereafter the 1937 act exempted the designated homestead lands, and that both acts, so applied, are constitutional. section 2 of the 1936 act conditions tax immunity upon two requirements: (1) "title" to the lands must be "held by an indian subject to ..... as amended by the act of may 19, 1937, 50 stat. 188; [ footnote 2 ] and whether the acts of 1936 and 1937, so applied, are constitutional. the facts are agreed. prior to 1931, the secretary of the interior purchased three tracts of land, two rural and one urban, in creek county, oklahoma, .....

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May 10 1943 (FN)

National Broadcasting Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : May-10-1943

..... between radio networks by withholding licenses from stations, and do not justify the commission in refusing a license to an applicant otherwise qualified, because of business arrangements that may constitute an unlawful restraint of trade, when the applicant has not been finally adjudged guilty of violating the antitrust laws, and is not controlled by one so adjudged. the conditions ..... what general conditions and considerations are to govern the granting and withholding of station licenses. thus, an applicant is required by 308(b) to submit information bearing upon his citizenship, character, and technical, financial and other qualifications to operate the proposed station, as well as data relating to the ownership and location of the proposed station, the power ..... practices (a basis for choice which we hold is comprehended within the statutory criterion of page 319 u. s. 227 "public interest"), is thereby denying such persons the constitutional right of free speech. the right of free speech does not include, however, the right to use the facilities of radio without a license. the licensing system established by ..... that it will refuse station licenses to persons who engage in specified network practices contrary to the public interest, convenience, or necessity, does not thereby deny to such person the constitutional right of free speech. p. 319 u. s. 226 . 6. in a suit to enjoin the enforcement of regulation promulgated by the federal communications commission, the district court .....

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