Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. II1

Thomas Reed Powell

American Political Science Review, 1918, vol. 12, issue 3, 427-457

Abstract: The decisions of the Supreme Court during the October terms of 1914, 1915, and 1916, indicate on the whole a more tolerant attitude towards the judgment of state legislatures on questions of the police power than one would be apt to infer from the criticisms called forth by the few cases in which laws were declared invalid. The cases on these questions gave rise to more diversity of opinion among the judges than did those arising under the commerce clause. In most of the important cases there was dissent, and several were decided by a vote of five to four. Chief Justice White, and Justices Van Devanter and McReynolds were opposed to the Oregon ten-hour law, the Washington compensation law and the Washington employment agency law; while Justices Holmes, Brandeis and Clarke were in favor of all three. On certain crucial questions these six justices seem quite likely to counteract each other, and leave the balance of power with Justices McKenna, Day and Pitney. Justices Pitney and Day were in favor of the ten-hour law and the compensation law and opposed to the employment agency law. Mr. Justice McKenna was in favor of the ten-hour law and the employment agency law and opposed to the compensation law. In the Oregon Minimum Wage Case, the court was divided four to four, Mr. Justice Brandeis not sitting.

Date: 1918
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