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Missouri v. Holland


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Missouri v. Holland
by Oliver Wendell Holmes, Jr.
Syllabus
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Missouri v. Holland, 252 U.S. 416 (1920), the United States Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the subject alleged to be unconstitutional, and that the federal government's ability to make treaties is supreme over any state concerns about such treaties having abrogated any states' rights arising under the Tenth Amendment. The case revolved around the constitutionality of implementing the Migratory Bird Treaty Act of 1918. It is also notable for Justice Holmes' reference to the idea of a living constitution.

863037Missouri v. Holland — SyllabusOliver Wendell Holmes, Jr.

United States Supreme Court

252 U.S. 416

Missouri  v.  Holland

 Argued: March 2, 1920. --- Decided: April 19, 1920

Messrs. J. G. L. Harvey, of Kansas City, Mo., and John T. Gose, of Shelbina, Mo., for appellant.

[Argument of Counsel from pages 417-424 intentionally omitted]

Mr. Solicitor General King and Mr. Assistant Attorney General Frierson, for appellee.

[Argument of Counsel from pages 424-430 intentionally omitted]

Mr. Justice HOLMES delivered the opinion of the Court.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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