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Green v. Frazier

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Green v. Frazier
Decided June 1, 1920
Full case nameGreen v. Frazier
Citations253 U.S. 233 (more)
Holding
A state's creation of a public welfare program is not reviewable by the Supreme Court under the Fourteenth Amendment.
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinion
MajorityDay, joined by unanimous
Laws applied
Amendment XIV

Green v. Frazier, 253 U.S. 233 (1920), was a United States Supreme Court case in which the Court held that a state's creation of a public welfare program is not reviewable by the Supreme Court under the Fourteenth Amendment.[1][2]

Description

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In 1919, North Dakota established the Industrial Commission of North Dakota and the Bank of North Dakota and provided them with large sums of public capital. Together, these entities took control of public utilities, oversaw a massive farming scheme for food, and built homes for North Dakota residents. Of this scheme, the Supreme Court said, "With the wisdom of such legislation, and the soundness of the economic policy involved we are not concerned. Whether it will result in ultimate good or harm it is not within our province to inquire. […] [I]f [North Dakota] sees fit to enter upon such enterprises as are here involved, with the sanction of its constitution, its legislature and its people, we are not prepared to say that it is within the authority of this court… to set aside such action by judicial decision."[1]

Justice William O. Douglas later called this event a "great experiment in socialism."[3]

References

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  1. ^ a b Green v. Frazier, 253 U.S. 233 (1920).
  2. ^ "What Satisfies the Public Purpose Required in Taxation". Harvard Law Review. 34 (2): 207–209. 1920. doi:10.2307/1327967. ISSN 0017-811X.
  3. ^ Douglas, William O. (1971). "The Grand Design of the Constitution". Gonzaga L. Rev. 7: 239, 256.
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