The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, 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 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).[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).
When the cases in volume 245 were decided the Court comprised the following nine members:
In Buchanan v. Warley, 245 U.S. 60 (1917), the Supreme Court addressed civil government-instituted racial segregation in residential areas. The Court held that a Louisville, Kentucky city ordinance prohibiting the sale of real property to blacks in white-majority neighborhoods or buildings and vice versa violated the Fourteenth Amendment's protections for freedom of contract.
The Court ruled that the motive for the Louisville ordinance, separation of races for purported reasons, was an inappropriate exercise of police power, and its insufficient purpose also made it unconstitutional.[2]
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 (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 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. 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.
Bluebook citation style is used for case names, citations, and jurisdictions.
^Silver, Christopher (1997). "The Racial Origins of Zoning in American Cities". In Thomas, J. M.; Ritzdorf, M. (eds.). Urban Planning & the African American Community: In the Shadows. Thousand Oaks, CA: Sage Publ. ISBN0-8039-7233-4.[page needed]
External links
[1] Case reports in volume 245 from Library of Congress
[2] Case reports in volume 245 from Court Listener
[3] Case reports in volume 245 from the Caselaw Access Project of Harvard Law School
[4] Case reports in volume 245 from Google Scholar
