Oriental America And Its Problems Microform

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Oriental America And Its Problems Microform
Theodore W Theodore Williams Noyes
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Let us examine the path which the five justices tread in common : Justice Brown.
(1) We are now asked to hold that it (Porto Rico) became (on the ratification of the treaty with Spain) a part of the United States within that provision of tlie Constitution wliich declares that "all du- ties, imposts and excises shall be uniform throughout the United States. " If Porto Rico be a part of the United States the Foraker act imposing duties upon its products is unconstitutional not only by reason of a
... violation of the uniformity clause, but because by Section 9, "ves- sels bound to or from one state" cannot "be obliged to enter, clear or pay duties in another. " (2) When the Constitution declares that all duties shall be uniform "throughout Justices White. McKenna, Shiras and Gray. » (1) The right to recover is predicated on the assumption that Porto Rico, by the ratification of the treaty witli Spain, be- came incorporated into the United States, and therefore the act of Congress which imposed the duty in question is repugnant to Article 1.

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