Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Established	March 4, 1789; 234 years ago (1789-03-04)
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition method	Presidential nomination with Senate confirmation
Authorized by	Constitution of the United States, Art. III, § 1
Judge term length	life tenure, subject to impeachment and removal
Number of positions	9 (by statute)
Website	supremecourt.gov

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This is a list of cases reported in volume 296 of United States Reports, decided by the Supreme Court of the United States in 1935 and 1936.

Justices of the Supreme Court at the time of volume 296 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).^[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 296 were decided the Court comprised the following nine members:

Portrait	Justice	Office	Home State	Succeeded	Date confirmed by the Senate (Vote)	Tenure on Supreme Court
	Charles Evans Hughes	Chief Justice	New York	William Howard Taft	February 13, 1930 (52–26)	February 24, 1930 – June 30, 1941 (Retired)
	Willis Van Devanter	Associate Justice	Wyoming	Edward Douglass White (as Associate Justice)	December 15, 1910 (Acclamation)	January 3, 1911 – June 2, 1937 (Retired)
	James Clark McReynolds	Associate Justice	Tennessee	Horace Harmon Lurton	August 29, 1914 (44–6)	October 12, 1914 – January 31, 1941 (Retired)
	Louis Brandeis	Associate Justice	Massachusetts	Joseph Rucker Lamar	June 1, 1916 (47–22)	June 5, 1916 – February 13, 1939 (Retired)
	George Sutherland	Associate Justice	Utah	John Hessin Clarke	September 5, 1922 (Acclamation)	October 2, 1922 – January 17, 1938 (Retired)
	Pierce Butler	Associate Justice	Minnesota	William R. Day	December 21, 1922 (61–8)	January 2, 1923 – November 16, 1939 (Died)
	Harlan F. Stone	Associate Justice	New York	Joseph McKenna	February 5, 1925 (71–6)	March 2, 1925 – July 2, 1941 (Continued as chief justice)
	Owen Roberts	Associate Justice	Pennsylvania	Edward Terry Sanford	May 20, 1930 (Acclamation)	June 2, 1930 – July 31, 1945 (Resigned)
	Benjamin N. Cardozo	Associate Justice	New York	Oliver Wendell Holmes Jr.	February 24, 1932 (Acclamation)	March 14, 1932 – July 9, 1938 (Died)

Notable Cases in 296 U.S.

Pacific States Box and Basket Company v. White

Pacific States Box and Basket Company v. White, 296 U.S. 176 (1935), arose after The Oregon Division of Plant Industries, having been granted the power to prevent fraud or deception and to promote, protect, further or develop the horticultural interests of the state, prescribed the type, size and shape of containers for the sale of strawberries and raspberries. A California manufacturer of fruit and vegetable containers challenged the rule as arbitrary and capricious in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. On appeal, the Supreme Court held that "where the regulation is within the scope of authority legally delegated, the presumption of the existence of facts justifying its specific exercise attaches alike to statutes, to municipal ordinances, and to orders of administrative bodies." The case served as a precursor to Administrative Procedure Act rationality review.

Fox Film Corporation v. Muller

In Fox Film Corporation v. Muller, 296 U.S. 207 (1935), the Supreme Court held that it cannot exercise certiorari jurisdiction over a case in which there is an adequate and independent state law ground for the state court's final judgment.

United States v. Constantine

United States v. Constantine, 296 U.S. 287 (1935), concerned liquor laws and taxation. Congress placed a tax on liquor dealers who violated state liquor laws. The Supreme Court struck down the relevant portion of the Revenue Act of 1926 as an attempt to punish a state violation through taxation. The Court ruled that the primary purpose of the tax law was to enforce federal police powers, and not to raise revenue. After repeal of the Eighteenth Amendment, the federal law was no longer enforceable. The Supreme Court's opinion in National Federation of Independent Business v. Sebelius (2012) referenced the logic of Constantine in determining whether the Affordable Care Act was a penalty or a tax in terms of the Constitution; the Court held it was a tax, after "[d]isregarding the designation of the exaction, and viewing its substance and application".

Federal court system

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

List of cases in volume 296 U.S.

[a] Hughes took no part in the case

[b] McReynolds took no part in the case

[c] Stone took no part in the case