The Constitution of the United States of America: Analysis and Interpretation Part 226

(_a_). Section 302 in part (44 Stat. 70).

Second sentence, defining, for purposes of the estate tax, the term "made in contemplation of death" as including the value, over $5,000, of property transferred by a decedent, by trust, etc., without full consideration in money or money's worth, "within 2 years prior to his death but after the enactment of this act", although "not admitted or shown to have been made in contemplation of or intended to take effect in possession or enjoyment at or after his death", _held_ as applied to a transfer completed wholly between the living, spoliation without due process of law under the Fifth Amendment.

Heiner _v._ Donnan, 285 U.S. 312 (March 21, 1932).

(_b_). Section 701 in part (44 Stat. 95).

Provision imposing a special excise tax of $1,000 on liquor dealers in States where such business is illegal, _held_ a penalty, without const.i.tutional support following repeal of the Eighteenth Amendment.

United States _v._ Constantine, 296 U.S. 287 (December 9, 1935).

61. Act of March 20, 1933 (48 Stat. 11, sec. 17, in part).

Clause in the Economy Act of 1933 providing "* * * all laws granting or pertaining to yearly renewable term insurance are hereby repealed", _held_ invalid to abrogate an outstanding contract of insurance, which is a vested right protected by the Fifth Amendment.

Lynch _v._ United States, 292 U.S. 571 (June 4, 1934).

62. Act of May 12, 1933 (48 Stat. 31).

Agricultural Adjustment Act providing for processing taxes on agricultural commodities and benefit payments therefrom to farmers, _held_ not within the taxing power under article I, section 8, clause 1.

United States _v._ Wm. M. Butler et al., Receivers of Hoosac Mills Corp., 297 U.S. 1 (January 6, 1936).

63. Joint Resolution of June 5, 1933 (48 Stat. 113, sec. 1).

Abrogation of gold clause in Government obligations, _held_ a repudiation of the pledge implicit in the power to borrow money (art. I, sec. 8, clause 2), and within the prohibition of the Fourteenth Amendment, against questioning the validity of the public debt. [The majority of the Court, however, held plaintiff not ent.i.tled to recover under the circ.u.mstances.]

Perry _v._ U.S., 294 U.S. 330 (February 18, 1935).

64. Act of June 16, 1933 (48 Stat. 195, ch. 90, the National Industrial Recovery Act).

A. t.i.tle I, except section 9.

Provisions relating to codes of fair compet.i.tion, authorized to be approved by the President in his discretion "to effectuate the policy"

of the act, _held_ invalid as a grant of legislative power (_see_ art.

I, sec. 1) and not within the commerce power.

Schechter Poultry Corp. _v._ United States, 295 U.S. 495 (May 27, 1935).

B. Section 9 (c).

Clause of the oil regulation section authorizing the President "to prohibit the transportation in interstate * * * commerce of petroleum * * * produced or withdrawn from storage in excess of the amount permitted * * * by any State law * * *" and prescribing a penalty for violation of orders issued thereunder, _held_ invalid as a grant of legislative power.

Panama Refining Co. et al. _v._ Ryan et al. and Amazon Petroleum Corp., et al. _v._ Ryan et al., 293 U.S. 388 (January 7, 1935).

65. Act of June 16, 1933 (48 Stat. 307, sec. 13).

Temporary reduction of 15 percent in retired pay of "judges (whose compensation, prior to retirement or resignation, could not, under the Const.i.tution, have been diminished)", as applied to circuit or district judges retired from active service, but still subject to perform judicial duties under the act of March 1, 1929 (45 Stat. 1422), _held_ a violation of the guaranty of judges' salaries under article III, section 1.

Booth _v._ United States (together with Amidon _v._ United States), 291 U.S. 339 (February 5, 1934).

66. Act of April 27, 1934 (48 Stat. 646, sec. 6), amending section 5 (i) of Home Owners' Loan Act of 1933.

Provision for conversion of State building and loan a.s.sociations into federal a.s.sociations, upon vote of 51 percent of the votes cast at a meeting of stockholders called to consider such action, _held_ an encroachment on reserved powers of State.

Hopkins Federal Savings & Loan a.s.sociation _v._ Cleary, 296 U.S. 315 (December 9, 1935).

67. Act of May 24, 1934 (48 Stat. 798, ch. 345).

Provision for readjustment of munic.i.p.al indebtedness, _held_ invalid, though "adequately related" to the bankruptcy power, as an interference with State sovereignty.

Ashton _v._ Cameron County Water Improvement District No. 1, 298 U.S. 513 (May 25, 1936).

68. Act of June 27, 1934 (48 Stat. 1283, ch. 868 entire).

The Railroad Retirement Act, establis.h.i.+ng a detailed compulsory retirement system for employees of carriers subject to the Interstate Commerce Act, _held_, not a regulation of commerce within the meaning of article I, section 8, clause 3.

Railroad Retirement Board _v._ Alton R.R. et al., 295 U.S. 330 (May 6, 1935).

69. Act of June 28, 1934 (48 Stat. 1289, ch. 869).

The Frazier-Lemke Act, adding subsection (s) to section 75 of the Bankruptcy Act, designed to preserve to mortgagors the owners.h.i.+p and enjoyment of their farm property and providing specifically, in paragraph 7, that a bankrupt left in possession has the option at any time within 5 years of buying at the appraised value--subject meanwhile to no monetary obligation other than payment of reasonable rental, _held_ a violation of property rights, under the Fifth Amendment.

Louisville Joint Stock Land Bank _v._ Radford, 295 U.S. 555 (May 27, 1935).

70. Act of August 24, 1935 (49 Stat. 750, ch. 641, t.i.tle I).

Agricultural Adjustment Act amendments, _held_ not within the taxing power.

Rickert Rice Mills _v._ Fontenot, 297 U.S. 110 (January 13, 1936).

71. Act of August 30, 1935 (49 Stat. 991, ch. 824).

Bituminous Coal Conservation Act of 1935, _held_ to impose not a tax within article I, section 8, but a penalty not sustained by the commerce clause.

Carter _v._ Carter Coal Co., 298 U.S. 238 (May 18, 1936).

72. Act of June 30, 1938 (52 Stat. 1251, ch. 850, sec. 2 (f)).

Federal Firearms Act, section 2 (f), establis.h.i.+ng a presumption of guilt based on a prior conviction and present possession of a firearm, _held_ to violate the test of due process under the Fifth Amendment.

Tot _v._ United States, 319 U.S. 463 (June 7, 1943).

73. Act of November 15, 1943 (57 Stat. 450, ch. 218, sec. 304).

Urgent Deficiency Appropriation Act of 1943, section 304, providing that no salary should be paid to certain, named Federal employees out of moneys appropriated, _held_ to violate article I, section 9, clause 3, forbidding enactment of bill of attainder or _ex post facto_ law.

United States _v._ Lovett, 328 U.S. 303 (June 3, 1946).