SmartBrief
Confirm favorite deletion?
Legislative Process Keyed to Mikva, 5th Ed.
Pacific States Telephone & Telegraph Company v. Oregon
Citation:
223 U.S. 118 (1912)Facts
In 1902, Oregon amended its constitution to establish the initiative and referendum processes, allowing citizens to directly propose laws and constitutional amendments and to approve or reject legislative acts. In 1906, through the initiative process, Oregon voters approved a law imposing a 2% tax on the gross revenue of telephone and telegraph companies operating within the state. Pacific States Telephone & Telegraph Company, an Oregon corporation subject to this tax, refused to pay, arguing that the initiative process itself was unconstitutional because it violated the Guarantee Clause of the U.S. Constitution, which guarantees each state a republican form of government. Pacific States contended that direct legislation by the people was characteristic of a pure democracy, not a republic, and therefore Oregon’s government had ceased to be republican in form as required by the Constitution.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.