Dissenting Justices Clash Over Porto Rico Tariffs
The dissenting justices challenge the majority ruling on Porto Rico duties, arguing that without congressional incorporation the island remains foreign to the United States for tariff purposes. They warn that treating acquired territories as colonial under tax laws undermines constitutional limits and could shift power away from the written Constitution.
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Dissenting Opinion in the De Lima Case
Justice McKenna leads a dissent arguing Porto Rico’s tariff status depends on the treaty and the evolving relation to the United States not automatic incorporation. He cites Rice and Fleming vs Page and notes duties may apply under executive and legislative authority during transition from military occupation to treaty implementation.
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Page
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Fleming Vs. Page
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Gray
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Porto Ricco
Dooley
Bryan comments on decision as republicans and democrats gain support
Lincoln Neb May 27 Mr Bryan notes the decision seems to uphold Republican and Democratic positions in parts and reserves full judgment until he reads the text He expresses hope that the constitution will follow the flag.
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Neb
Bryan
Supreme Court rules Porto Rico to New York vessels in coasting trade
The Supreme Court on May 27 decided the new Haus case, ruling that ships sailing between Porto Rico and New York are engaged in the coasting trade.
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