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BROLAN V. UNITED STATES, 236 U. S. 216 (1915)

U.S. Supreme Court

Brolan v. United States, 236 U.S. 216 (1915)

Brolan v. United States

No. 645

Submitted January 5, 1915

Decided February 23, 1915

236 U.S. 216


In a case from the district court, if the power to review attaches because of a constitutional question, that authority gives rise to the duty of determining all the questions involved, including those that otherwise are within the exclusive jurisdiction of the district court, but if the constitutional question asserted as the basis for jurisdiction of this Court is frivolous, this Court has no power to review it or any of the other questions involved. The writ of error must be dismissed.

The absolute power expressly conferred upon Congress to regulate foreign commerce involves the existence of power to prohibit importations and to punish the act of knowingly concealing or moving merchandise which has been imported in successful violation of such prohibition. Keller v. United States, 213 U. S. 138, distinguished.

The contention in this case that § 2 of the Act of February 9, 1909, c. 100, 35 Stat. 614, regulating the importation of opium is unconstitutional as beyond the power of Congress has been so foreclosed by prior decisions of this Court that it is frivolous, and affords no basis for jurisdiction of this Court under § 238, Judicial Code.

The facts, which involve the jurisdiction of this Court under § 238, Judicial Code, are stated in the opinion.

Page 236 U. S. 217

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