liation 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
constitutional 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pertaining to yearly renewable term insurance are hereby repealed",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 entitled to recover
under the circumstances.]
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. Title I, except section 9.
Provisions relating to codes of fair competition, 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* * * produced or withdrawn from storage in excess of the amount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 o
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