Cappellini v. Comm'r

55 Cited authorities

Block v. Hirsh
256 U.S. 135 (1921) Cited 447 times 1 Legal Analyses
Upholding a law allowing tenants to remain in possession after the expiration of the terms of their leases at least in part because "[m]achinery is provided to secure to the landlord a reasonable rent"
Ng Fung Ho v. White
259 U.S. 276 (1922) Cited 374 times 2 Legal Analyses
Permitting habeas corpus review of deportation orders
Hill v. Wallace
259 U.S. 44 (1922) Cited 281 times
Holding Future Trading Act nonseverable because valid and invalid provisions were so intertwined that the Court would have to rewrite the law to allow it to stand
Wickwire v. Reinecke
275 U.S. 101 (1927) Cited 198 times
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No. 149. Submitted October 3, 1927. Decided November 21, 1927. 1. A decision of the Commissioner of Internal Revenue that property of a decedent was transferred by him in contemplation of death, within the meaning of § 402-c, Revenue Act of 1918, (estate tax), is not conclusive, but the burden of proving it incorrect is on the party suing the collector to recover taxes based upon it. P. 105. 2. Evidence, on this question, held sufficient
Goldsmith v. Bd. of Tax Appeals
270 U.S. 117 (1926) Cited 180 times
Holding that an agency, which has the authority to set general rules governing hearings before it, has the power to create and enforce rules limiting who can practice and appear before the agency
Fong Yue Ting v. United States
149 U.S. 698 (1893) Cited 465 times 1 Legal Analyses
Holding that the political branches could deport residents based solely on their race and deem all people of "the Chinese race" incompetent to sign the affidavit needed for Chinese immigrants to remain lawfully
Coe v. Armour Fertilizer Works
237 U.S. 413 (1915) Cited 212 times
Holding unconstitutional a Florida statute which permitted, after a return of nolla bona on an execution against a corporation, issuance of an execution against a stockholder for the amount of the unpaid subscription to the stock he holds, without prior notice to him or other preliminary steps
Keller v. Potomac Elec. Co.
261 U.S. 428 (1923) Cited 168 times
Concluding that Congress could not contravene Article III by using its District Clause powers to create jurisdiction in the Supreme Court to consider appeals from the D.C. Court of Appeals' review of utility commission proceedings
Norton v. Shelby County
118 U.S. 425 (1886) Cited 488 times 3 Legal Analyses
In Norton, Mr. Justice Field declared: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed."
United Gas Co. v. R.R. Comm'n
278 U.S. 300 (1929) Cited 139 times
In United Fuel Gas Co. v. Railroad Commission, 278 U.S. 300, at page 310, 49 S.Ct. 150, 152, 73 L.Ed. 390, it was stated: 'Suitors may not resort to a court of equity to restrain a threatened act merely because it is illegal or transcends constitutional powers.

Cappellini v. Comm'r

55 Cited authorities

Upholding a law allowing tenants to remain in possession after the expiration of the terms of their leases at least in part because "[m]achinery is provided to secure to the landlord a reasonable rent"

Permitting habeas corpus review of deportation orders

Holding Future Trading Act nonseverable because valid and invalid provisions were so intertwined that the Court would have to rewrite the law to allow it to stand

Holding that an agency, which has the authority to set general rules governing hearings before it, has the power to create and enforce rules limiting who can practice and appear before the agency

Holding that the political branches could deport residents based solely on their race and deem all people of "the Chinese race" incompetent to sign the affidavit needed for Chinese immigrants to remain lawfully

Holding unconstitutional a Florida statute which permitted, after a return of nolla bona on an execution against a corporation, issuance of an execution against a stockholder for the amount of the unpaid subscription to the stock he holds, without prior notice to him or other preliminary steps

Concluding that Congress could not contravene Article III by using its District Clause powers to create jurisdiction in the Supreme Court to consider appeals from the D.C. Court of Appeals' review of utility commission proceedings

In Norton, Mr. Justice Field declared: "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed."

In United Fuel Gas Co. v. Railroad Commission, 278 U.S. 300, at page 310, 49 S.Ct. 150, 152, 73 L.Ed. 390, it was stated: 'Suitors may not resort to a court of equity to restrain a threatened act merely because it is illegal or transcends constitutional powers.