List of United States Supreme Court cases, volume 274
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This is a list of cases reported in volume 274 of ''
United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...
'', decided by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
in 1927.


Justices of the Supreme Court at the time of volume 274 U.S.

The Supreme Court is established by Article III, Section 1 of the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...
, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
to set the number of justices. Under the
Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Sec ...
Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789, Congress has varied the size of the Court from six to seven,
nine 9 is a number, numeral, and glyph. 9 or nine may also refer to: Dates * AD 9, the ninth year of the AD era * 9 BC, the ninth year before the AD era * 9, numerical symbol for the month of September Places * Nine, Portugal, a parish in the ...
, ten, and back to
nine 9 is a number, numeral, and glyph. 9 or nine may also refer to: Dates * AD 9, the ninth year of the AD era * 9 BC, the ninth year before the AD era * 9, numerical symbol for the month of September Places * Nine, Portugal, a parish in the ...
justices (always including one chief justice). When the cases in volume 274 were decided the Court comprised the following nine members:


Notable Cases in 274 U.S.


''Buck v. Bell''

In '' Buck v. Bell''
274 U.S. 200 (1927)
the Supreme Court ruled that a state statute permitting
compulsory sterilization Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually done throug ...
of the unfit, including the
intellectually disabled Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation,Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signifi ...
, "for the protection and health of the state" did not violate the
Due Process Clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except a ...
of the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
. Despite the changing attitudes in the coming decades regarding sterilization, the Supreme Court has never expressly overturned ''Buck v. Bell''. It was widely believed to have been slightly weakened by ''
Skinner v. Oklahoma ''Skinner v. State of Oklahoma, ex rel. Williamson'', 316 U.S. 535 (1942), is a unanimous United States Supreme Court ruling. that held that laws permitting the compulsory sterilization of criminals are unconstitutional as it violates a person's ri ...
'' 316 U.S. 535 (1942), which involved compulsory sterilization of male habitual criminals (and came to a contrary result).


''Whitney v. California''

In ''
Whitney v. California ''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society. ''Whitney'' was explicitly overruled by '' Brandenburg v ...
''
274 U.S. 357 (1927)
the Supreme Court upheld the conviction of a person who had engaged in speech that raised a threat to society. The question before the court was whether the 1919 Criminal Syndicalism Act of California violated the Fourteenth Amendment's Due Process and Equal Protection Clauses. The Court unanimously upheld Whitney's conviction; holding that the state, in exercise of its police power, has the power to punish those who abuse their rights to freedom of speech "by utterances inimical to the public welfare, tending to incite crime, disturb the public peace, or endanger the foundations of organized government and threaten its overthrow." In other words, words with a "
bad tendency In U.S. law, the bad tendency principle was a test that permitted restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. The principle, formulated in '' Patte ...
" can be punished.


''United States v. Lee''

'' United States v. Lee''
274 U.S. 559 (1927)
is a significant decision by the Supreme Court protecting
prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholi ...
laws. The Court held 1) the U.S. Coast Guard may seize, board, and search vessels beyond the U.S. territorial waters and the high seas 12 miles outward from the coast if probable cause exists to believe that the vessel and persons in it are violating U.S. revenue laws, and 2) the Coast Guard's use of
searchlight A searchlight (or spotlight) is an apparatus that combines an extremely luminosity, bright source (traditionally a carbon arc lamp) with a mirrored parabolic reflector to project a powerful beam of light of approximately parallel rays in a part ...
s to view contents of a vessel on the high seas does not constitute a search and thus does not warrant Fourth Amendment protections; the use of a searchlight is comparable to the use of
binoculars Binoculars or field glasses are two refracting telescopes mounted side-by-side and aligned to point in the same direction, allowing the viewer to use both eyes (binocular vision) when viewing distant objects. Most binoculars are sized to be held ...
, and the courts have long held that use of
binoculars Binoculars or field glasses are two refracting telescopes mounted side-by-side and aligned to point in the same direction, allowing the viewer to use both eyes (binocular vision) when viewing distant objects. Most binoculars are sized to be held ...
by law enforcement is not prohibited by the Constitution.


Citation style

Under the
Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Sec ...
the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...
(''i.e.,'' in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region. The
Judiciary Act of 1891 The Judiciary Act of 1891 ({{USStat, 26, 826), also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals and reassigned the jurisdiction of most routine appeals from the district ...
created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by
writ of certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
. On January 1, 1912, the effective date of the
Judicial Code of 1911 The Judicial Code of 1911 () abolished the United States circuit courts and transferred their trial jurisdiction to the U.S. district courts. In 1911, the United States Congress created a single code encompassing all statutes related to the judici ...
, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.
Bluebook ''The Bluebook: A Uniform System of Citation'' is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of U.S. law schools and is also used in a majority of federal ...
citation style is used for case names, citations, and jurisdictions. * "# Cir." =
United States Court of Appeals United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
** ''e.g.,'' "3d Cir." =
United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * East ...
* "D." = United States District Court for the District of . . . ** ''e.g.,''"D. Mass." =
United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was he ...
* "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western ** ''e.g.,''"M.D. Ala." =
United States District Court for the Middle District of Alabama The United States District Court for the Middle District of Alabama (in case citations, M.D. Ala.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appeal ...
* "Ct. Cl." =
United States Court of Claims The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...
* The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. ** ''e.g.,''"Pa." =
Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Ju ...
** ''e.g.,''"Me." =
Supreme Judicial Court of Maine The Maine Supreme Judicial Court is the highest court in the state of Maine's judicial system. It is composed of seven justices, who are appointed by the Governor and confirmed by the Maine Senate. From 1820 until 1839, justices served lifetime ...


List of cases in volume 274 U.S.


Notes and references


External links



Case reports in volume 274 from the Library of Congress

Case reports in volume 274 from Court Listener

Case reports in volume 274 from the Caselaw Access Project of
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...


Case reports in volume 274 from Google Scholar

Case reports in volume 274 from Justia

Case reports in volume 274 from Open Jurist
Website of the United States Supreme Court

United States Courts website about the Supreme Court


* ttps://www.americanbar.org/groups/young_lawyers/publications/after-the-bar/essentials/how-does-the-supreme-court-work/ American Bar Association, How Does the Supreme Court Work?
The Supreme Court Historical Society
{{DEFAULTSORT:United States Supreme Court cases by volume