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 253 were decided the Court comprised the following nine members:
After the 36th state adopted the 18th Amendment on January 16, 1919, the U.S. Secretary of State had to issue a formal proclamation declaring its ratification.
Notable Case in 253 U.S.
Hawke v. Smith
Hawke v. Smith, 253 U.S. 221 (1920), was a challenge to the constitutionality of a state referendum to overturn the Ohio legislature's vote to adopt the Eighteenth Amendment to the United States Constitution (the "Prohibition Amendment"). The Supreme Court held that while states may allow their legislatures' actions to be reversed through popular votes, that did not apply to the adoption of federal constitutional amendments since that power was granted to the legislatures by the United States Constitution, and the Constitution did not provide for any role to be played by the people in the consideration of amendments.
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.
