List of United States Supreme Court cases, volume 297
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This is a list of cases reported in volume 297 of '' United States Reports'', decided by the Supreme Court of the United States in 1936.


Justices of the Supreme Court at the time of volume 297 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 It superseded the Articles of Confederation, the nation's first constitution, in 1789.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 natio ...
, 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 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 297 were decided the Court comprised the following nine members:


Notable Cases in 297 U.S.


''United States v. Butler''

In '' United States v. Butler''
297 U.S. 1 (1936)
the Supreme Court held that the
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...
has not only the power to lay taxes to the level necessary to carry out its other powers enumerated in Article I of the
U.S. Constitution 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 nation ...
but also a broad authority to tax and spend for the "general welfare" of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. The decision itself concerned whether the processing taxes instituted by the 1933
Agricultural Adjustment Act The Agricultural Adjustment Act (AAA) was a United States federal law of the New Deal era designed to boost agricultural prices by reducing surpluses. The government bought livestock for slaughter and paid farmers subsidies not to plant on par ...
were constitutional.


''Brown v. Mississippi''

In '' Brown v. Mississippi''
297 U.S. 278 (1936)
the Supreme Court ruled that a defendant's involuntary
confession A confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information th ...
that is extracted by the use of force on the part of law enforcement cannot be entered as evidence and violates the Due Process Clause of the Fourteenth Amendment. In a unanimous decision, the Court reversed the convictions of the African-American defendants. The Court held that a defendant's
confession A confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information th ...
extracted by police torture cannot be entered as evidence, and violates the Due Process Clause of the Fourteenth Amendment. The prosecutor at the trial level, John Stennis, was not hurt politically by his prosecutions based on torture-extracted confessions; to the contrary, the voters of Mississippi elected him to office thirteen times, and he never lost an election.


''Ashwander v. Tennessee Valley Authority''

'' Ashwander v. Tennessee Valley Authority''
297 U.S. 288 (1936)
is a Supreme Court case that provided the first elaboration of the doctrine of " Constitutional avoidance".


Federal court system

Under the Judiciary Act of 1789 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 S ...
(''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 old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.


List of cases in volume 297 U.S.

: VanDevanter took no part in the case : Roberts took no part in the case : Sutherland took no part in the case : Stone took no part in the case


Notes and references


External links



Case reports in volume 297 from Library of Congress

Case reports in volume 297 from Court Listener

Case reports in volume 297 from the Caselaw Access Project of Harvard Law School

Case reports in volume 297 from Google Scholar

Case reports in volume 297 from Justia

Case reports in volume 297 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