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Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429 (1895), affirmed on rehearing, 158 U.S. 601 (1895), was a landmark case of the Supreme Court of the United States.In a 5–4 decision, the Supreme Court struck down the income tax imposed by the Wilson–Gorman Tariff Act for being an unapportioned direct tax.
His brief tenure on the Supreme Court is most remembered for his opinion in Pollock v. Farmers' Loan & Trust Co. , in which Jackson argued in dissent that a federal income tax was constitutional. Republican President Benjamin Harrison appointed Jackson, a Democrat , to the Court.
11 comments Toggle Much needed overhaul of this article by a student of Constitutional Law subsection 1.1 My personal views on the majority, concurring, and dissenting opinions in Pollock 1.2 Arguing about how to argue
The Court also relies on and cites amicus briefs, law review articles, and other written works for their decisions. While law review article use has increased slightly with one article cited per decision on average, [211] the use of amicus briefs has increased significantly. [212]
Subsequent cases have viewed the Sixteenth Amendment as a rejection of Pollock's definition of "direct tax". The apportionment requirement again applies only to real estate and capitation taxes. Even if the Sixteenth Amendment is not viewed as narrowing the definition of direct taxes, it at least introduces an additional consideration to ...
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Robert John Weston Evans FBA FLSW (born 7 October 1943) is a British historian, whose speciality is the post-medieval history of Central and Eastern Europe. He was educated at Dean Close School , Cheltenham , and later at Jesus College, Cambridge .
Arizona v. Evans, 514 U.S. 1 (1995), was a United States Supreme Court case in which the Court instituted an exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.