United States v. Wurzbach, 280 U.S. 396 (1930). · Go Syfert
United States v. Wurzbach, 280 U.S. 396 (1930). Cases Citing This Book View Copy Cite
668 citation events (64 in the last 25 years) across 90 distinct courts.
Strongest positive: Phason, Robert v. Meridian Rail Corp (ca7, 2007-03-15)
Treatment trajectory · 1931 → 2026 · click a year to view as-of
1931 1978 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Phason, Robert v. Meridian Rail Corp
7th Cir. · 2007 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
whenever the law draws a line there will be cases very near each other on opposite sides. the precise course of the line may be uncertain, but no one can come near it without knowing that he does so
examined Cited as authority (quoted) COMMITTEE FOR JUSTICE & FAIRNESS v. Arizona Secretary of State's Office (3×)
Ariz. Ct. App. · 2014 · quote attribution · 3 verbatim quotes · confidence low
wherever the law draws a line there will be eases very near each other on opposite sides.
examined Cited as authority (quoted) Siefert v. Alexander (6×)
7th Cir. · 2010 · quote attribution · 6 verbatim quotes · confidence low
f there is any difficulty, which we are far from intimating, it will be time enough to consider it when raised by some one whom it concerns.
examined Cited as authority (quoted) United States v. Nason (3×) also: Cited "see"
1st Cir. · 2001 · signal: see · quote attribution · 2 verbatim quotes · confidence high
whenever the law draws a line there will be cases very near each other on opposite sides. the precise course of the line may be uncertain, but no one can come near it without knowing that ... if he does so it is familiar to the criminal law to make him take the risk.
examined Cited as authority (quoted) United States v. Charles T. Maude (3×)
D.C. Cir. · 1973 · quote attribution · 3 verbatim quotes · confidence low
political purpose
cited Cited as authority (rule) Commonwealth v. Mcfarlane
Mass. · 2024 · confidence medium
However, "[w]henever the law draws a line there will be cases very near each other on opposite sides." United States v. Wurzbach, 280 U.S. 396, 399 (1930). 3.
discussed Cited as authority (rule) State v. Leilani E. Neumann
Wis. · 2013 · confidence medium
The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so, it is familiar to the criminal law to make him take the risk.18 ¶36 The United States Supreme Court has explained that the degree of vagueness that the Constitution tolerates and the relative importance of fair notice and fair enforcement depend 14 State v. Pittman, 174 Wis. 2d 255, 276-77 , 496 N.W.2d 74 (1993) (quoting State v. Hurd, 135 Wis. 2d 266, 272 , 400 N.W.2d 42 (Ct. App. 1986)). 15 State v. Ehlenfeldt, 94 Wis. 2d 347, 355 , 288 N.W.2d 786 (1…
discussed Cited as authority (rule) State v. Dale R. Neumann
Wis. · 2013 · confidence medium
The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so, it is familiar to the criminal law to make him take the risk.18 ¶36 The United States Supreme Court has explained that the degree of vagueness that the Constitution tolerates and the relative importance of fair notice and fair enforcement depend 14 State v. Pittman, 174 Wis. 2d 255, 276-77 , 496 N.W.2d 74 (1993) (quoting State v. Hurd, 135 Wis. 2d 266, 272 , 400 N.W.2d 42 (Ct. App. 1986)). 15 State v. Ehlenfeldt, 94 Wis. 2d 347, 355 , 288 N.W.2d 786 (1…
discussed Cited as authority (rule) State v. Leilani E. Neumann
Wis. · 2013 · confidence medium
The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so, it is familiar to the criminal law to make him take the risk.18 ¶36 The United States Supreme Court has explained that the degree of vagueness that the Constitution tolerates and the relative importance of fair notice and fair enforcement depend 14 State v. Pittman, 174 Wis. 2d 255, 276-77 , 496 N.W.2d 74 (1993) (quoting State v. Hurd, 135 Wis. 2d 266, 272 , 400 N.W.2d 42 (Ct. App. 1986)). 15 State v. Ehlenfeldt, 94 Wis. 2d 347, 355 , 288 N.W.2d 786 (1…
cited Cited as authority (rule) Davis, Wayne v. Whitesell, Paul
7th Cir. · 2008 · confidence medium
As Justice Holmes put it, “[w]herever the law draws a line there will be cases very near each other on opposite sides.” United States v. Wurzbach, 280 U.S. 396, 399 (1930).
discussed Cited as authority (rule) The Hope Clinic v. James E. Ryan, Attorney General of Illinois, and Richard K. Devine, State's Attorney of Cook County, Illinois,defendants-Appellants. Dennis D. Christensen v. James E. Doyle, Attorney General of Wisconsin, and Diane M. Nicks, District Attorney for Dane County, Wisconsin
7th Cir. · 1999 · confidence medium
The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk." United States v. Wurzbach, 280 U.S. 396, 399 (1930) (Holmes, J.). 49 Protection for events outside the core is provided by the principle that surprising and unanticipated applications of a criminal statute violate the due process clause.
cited Cited as authority (rule) Unidad Nacional de Trabajadores de la Salud v. Soler Zapata
prsupreme · 1993 · confidence medium
Broadrick v. Oklahoma, 413 U.S. 601, 608 (1973); United States v. Wurzback, 280 U.S. 396, 399 (1930).
examined Cited as authority (rule) Cinema I Video, Inc. v. Thornburg (3×)
N.C. Ct. App. · 1986 · confidence medium
In doing so the Court in Hamling, supra, at 124 , 41 L.Ed. 2d at 624 , 94 S.Ct. at 2911 (quoting United States v. Wurzbach, 280 U.S. 396, 399 , 74 L.Ed. 508, 510 , 50 S.Ct. 167, 169 (1930)), reaffirmed the following familiar precept of criminal law: ‘Whenever the law draws a line there will be cases very near each other on opposite sides.
cited Cited as authority (rule) State v. Mann
Wis. Ct. App. · 1986 · confidence medium
United States v. Wurzbach, 280 U.S. 396, 399 (1930) (Holmes, J.).
cited Cited as authority (rule) United States v. General Nutrition, Inc.
W.D.N.Y. · 1986 · confidence medium
United States v. Wurzbach, 280 U.S. 396, 397 [ 50 S.Ct. 167, 168 , 74 L.Ed. 508 ] (1930).” Jordan v. DeGeorge, 341 U.S. 223, 231 , 71 S.Ct. 703, 708 , 95 L.Ed. 886 (1951).
cited Cited as authority (rule) Bowers v. State
Md. Ct. Spec. App. · 1977 · confidence medium
United States v. Wurzbach, 280 U. S. 396, 399 (1930).
discussed Cited as authority (rule) Goode v. City of Dallas (2×)
Tex. App. · 1977 · confidence medium
Mr. Justice Holmes put it in United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167, 169 (1930), as follows: Wherever the law draws a line there will be cases very near each other on opposite sides.
discussed Cited as authority (rule) Mules v. Maryland Racing Commission
Md. Ct. Spec. App. · 1976 · confidence medium
The Supreme Court expressed it thus in Broadrick v. Oklahoma, 413 U. S. 601, 610 (1973): “Embedded in the traditional rules governing constitutional adjudication is the principle that a person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others, in situations not before the Court.” *550 Or, as Mr. Justice Holmes said: “If there is any difficulty ... it will be time enough to consider it when raised by someone whom it concerns.” United States v. Wurzbach, 280 U. S. 396…
discussed Cited as authority (rule) Hamling v. United States (2×)
SCOTUS · 1974 · confidence medium
The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk." United States v. Wurzbach, 280 U. S. 396, 399 (1930).
cited Cited as authority (rule) People v. Dednam
Ill. · 1973 · confidence medium
United States v. Wurzbach, 280 U. S. 396, 399 (1930).
cited Cited as authority (rule) People v. Schoos
Ill. App. Ct. · 1973 · confidence medium
United States v. Wurzbach, 280 U.S. 396, 399 (1930).
discussed Cited as authority (rule) In Re Davis
Cal. Ct. App. · 1966 · confidence medium
Just as we are bound by the standard of vagueness laid down by the United States Supreme Court, so we are told by the same court that “the law is full of instances where a man’s fate depends on his estimating *653 rightly, that is, as the jury subsequently estimates it, some matter of degree.” (Nash v. United States, 229 U.S. 373, 377 [ 33 S.Ct. 780 , 57 L.Ed. 1232 ] ; see also United States v. Petrillo, 332 U.S. 1, 7 [ 67 S.Ct. 1538 , 91 L.Ed. 1877 ]; United States v. Ragen, 314 U.S. 513, 523 [ 62 S.Ct. 374 , 86 L.Ed. 383 ]; United States v. Wurzbach, 280 U.S. 396, 399 [ 50 S.Ct. 167 , …
discussed Cited as authority (rule) United States v. State of Mississippi (2×)
S.D. Miss. · 1964 · confidence medium
United States v. Wurzbach, 1930, 280 U.S. 396, 399 [ 50 S.Ct. 167 , 168, 74 L.Ed. 508 ].
cited Cited as authority (rule) Sanitary Vendors, Inc. v. Byrne
N.J. · 1963 · confidence medium
Ed. 2d 524 , 529 (1960); United States v. Wurzbach, 280 U. S. 396, 399 , 50 S. Ct. 167 , 168, 74 L.
discussed Cited as authority (rule) Sanitary Vendors, Inc. v. Byrne
N.J. · 1963 · confidence medium
See United States v. Raines, 362 U.S. 17 , 21, 80 S.Ct. 519 , 522, 4 L.Ed. 2 d 524, 529 (1960); United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167 , 168, 74 L.Ed. 508, 510 (1930); State v. Monteleone, 36 N.J. 93, 99 (1961); State v. Segal, 78 N.J.
discussed Cited as authority (rule) People v. Building Maintenance Contractors' Ass'n
Cal. · 1953 · confidence medium
The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk.” (United States v. Wurzbach, 280 U.S. 396, 399 [ 50 S.Ct. 167 , 74 L.Ed. 508 ].) In the present case, however, the vagueness of the words “reasonable profit” infects the whole statutory standard of conduct.
discussed Cited as authority (rule) Jordan v. De George (2×)
SCOTUS · 1951 · confidence medium
United States v. Wurzbach, 280 U. S. 396, 399 (1930).
discussed Cited as authority (rule) Dennis v. United States (2×)
SCOTUS · 1951 · confidence medium
Williams, supra, at 101-102 ; Jordan, supra, at 230-232 ; United States v. Petrillo, 332 U. S. 1, 7 (1948); United States v. Wurzbach, 280 U. S. 396, 399 (1930); Nash v. United States, 229 U. S. 373, 376-377 (1913).
discussed Cited as authority (rule) Gorin v. United States
SCOTUS · 1941 · confidence medium
Public No. 443, 76th Cong., 3d Sess., is merely an increase of penalties. 6 Cf. United States v. American Trucking Ass’ns, 310 U. S. 534, 543 . 7 United States v. Reese, 92 U. S. 214 . 8 Lanzetta v. New Jersey, 306 U. S. 451 . 9 255 U. S. 81, 89 . 10 “That it is hereby made unlawful for any person willfully ... . to make any unjust or unreasonable rate or charge in handling or dealing in or with any necessaries.” Act of October 22, 1919, c. 80, § 2, 41 Stat. 297 . 11 306 U.S. 451 . 12 Criminal statutes deemed vague: International Harvester Co. v. Kentucky, 234 U. S. 216, 221-224 (raisin…
discussed Cited as authority (rule) CITIZENS UNITED v. FEDERAL ELECTION COMMISSION
unknown court · confidence medium
See, e. g., Civil Service Comm’n v. Letter Carriers, 413 U. S. 548, 550 (1973) (upholding statute prohibiting Executive Branch employees from taking “an active part in political management or in political campaigns” (internal quotation marks omitted)); Public Workers v. Mitchell, 330 U. S. 75 (1947) (same); United States v. Wurzbach, 280 U. S. 396, 398 (1930) (upholding statute prohibiting federal employees from making contributions to Members of Congress for “any political purpose whatever” (internal quotation marks omitted)); Ex parte Curtis, 106 U. S. 371 (1882) (upholding statute…
examined Cited "see" United States v. Thomas L. Varkonyi (3×)
5th Cir. · 1981 · signal: see · confidence high
See generally United States v. Wurzbach, 280 U.S. 396 , 50 S.Ct. 167 , 74 L.Ed. 508 (1930).
examined Cited "see" United States v. Mejias (3×)
S.D.N.Y. · 1976 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167, 168 , 74 L.Ed. 508 .
examined Cited "see" City of Jacksonville Beach v. Albury (3×)
Fla. Dist. Ct. App. · 1973 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167, 158 , 74 L.Ed. 508, 510 .
examined Cited "see" United States v. Louis Lanni, Sr. In No. 72-1028, and Mary Maiale. Appeal of Mary Maiale, in No. 72-1029 (3×)
3rd Cir. · 1972 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 [ 50 S.Ct. 167, 168 , 74 L.Ed. 508 .] Statutory meaning, it is to be remembered, is more to be felt than demonstrated, see United States v. Johnson, 221 U.S. 488, 496 [ 31 S.Ct. 627 , 55 L.Ed. 823 ], or, as Judge Learned Hand has put it, the art of interpretation is “the art of proliferating a purpose.” Brooklyn Nat.
examined Cited "see" Reed Enterprises v. Clark (3×)
D.D.C. · 1968 · signal: see · confidence high
See references in similar context in United States v. Frew, 187 F.Supp. 500 at 507 (D.C.E.D.Mich., 1960) and United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167 , 74 L.Ed. 508 (1930). 11 .
cited Cited "see" Aceto Chemical Co. v. United States
C.C.P.A. · 1964 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 .
cited Cited "see" Albert F. Maurer Co. v. United States
Cust. Ct. · 1961 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 .
examined Cited "see" P. Lorillard Company v. Federal Trade Commission, General Foods Corporation v. Federal Trade Commission (6×)
3rd Cir. · 1959 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167, 168 , 74 L.Ed. 508 .
cited Cited "see" Tower v. United States
Cust. Ct. · 1959 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 .
examined Cited "see" Brady v. Trans World Airlines, Inc. (3×)
D. Del. · 1959 · signal: see · confidence high
See United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167 , 74 L.Ed. 508 .
discussed Cited "see" United States v. Shirey (2×)
SCOTUS · 1959 · signal: see · confidence high
See United States v. Wurzbach, 280 U. S. 396, 399 .
discussed Cited "see" United States v. Harriss (2×)
SCOTUS · 1954 · signal: see · confidence high
See United States v. Wurzbach, 280 U. S. 396, 399 ; United States v. Petrillo, 332 U. S. 1, 9-12 .
examined Cited "see, e.g." Robert Phason v. Meridian Rail Corp. (3×)
7th Cir. · 2007 · signal: see, e.g. · confidence low
See, e.g., United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167 , 74 L.Ed. 508 (1930) (‘Whenever the law draws a line there will be cases very near each other on opposite sides.
examined Cited "see, e.g." United States v. Robert Mullens (3×)
5th Cir. · 1978 · signal: see also · confidence low
See also United States v. Wurzbach, 280 U.S. 396 , 50 S.Ct. 167 , 74 L.Ed. 508 (1930).
examined Cited "see, e.g." Mining v. Wheeler (3×)
W.D. Mo. · 1974 · signal: see also · confidence low
See also United States v. Wurzbach, 280 U.S. 396, 399 , 50 S.Ct. 167 , 74 L.Ed. 508 (1930); and Elder v. Rampton, supra, 360 F.Supp. at 564.
examined Cited "see, e.g." Huerta v. Flood (6×)
Ariz. · 1968 · signal: see also · confidence low
See also United States of America v. Wurzbach, 280 U.S. 396 , 50 S.Ct. 167 , 74 L.Ed. 508 ; In the Matter of Curtis, 106 U.S. 371 , 1 S.Ct. 381 , 27 L.Ed. 232 ; Commonwealth v. McCarthy, 281 Mass. 253 , 183 N.E. 495 , 85 A.L.R. 1141 .
Retrieving the full opinion text from the archive…
United States
v.
Wurzbach
66.
Supreme Court of the United States.
Feb 24, 1930.
280 U.S. 396
Mr. Seth W. Richardson, Assistant Attorney General, with whom- Attorney General Mitchell, Solicitor General Hughes and Messrs. Oscar R. Luhring, Assistant Attorney General, Alfred A. Wheat, Special Assistant to the Attorney General, and Harry S. Ridgely were on the briefs, for the United States., Mr. Hugh R. Robertson for the appellee.
Holmes.
Cited by 258 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #18,967 of 633,719
Citer courts: Seventh Circuit (6) · Court of Appeals of Arizona (3) · D.C. Circuit (3) · First Circuit (2)
Mr. Justice Holmes

delivered the opinion of the Court.

The respondent was indicted under the Federal Corrupt Practices Act, 1925; Act of February 28, 1925, c. 368, § 312, 43 Stat. 1053, 1073; U. S. Code, Title 18, § 208; on. charges that being a representative in Congress he received and was concerned in receiving specified sums of money from named officers and employees of the United States for the political purpose of promoting his nomination as Republican candidate for representative at certain Republican primaries. Upon motion of the defendant the District Court quashed the indictment on the ground that the statute should not be construed to include the political purpose alleged, and, construed to in-[*398] elude it, probably would be unconstitutional. The United States appealed.

The section of the statute is as follows:

It is unlawful for any Senator or Representative in, or Delegate or Resident Commissioner to, Congress, or any candidate for, or individual elected as, Senator, Representative, Delegate, or Resident Commissioner, or any officer or employee of the United States, or any person receiving any salary or' compensation for services from money derived from the Treasury of the United States, to directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose-whatever, from any other such officer, employee, or person.”

This language is perfectly intelligible and clearly embraces the acts charged. Therefore there is no warrant for seeking refined arguments to show that the statute does not mean what it says, unless there is some reasonable doubt whether, so construed, it would be constitutional — the doubt that was felt -by the Court below.

The doubt of the District Court seems to have come from the assumption that the source of power is to be found in Article I, Section 4, of the Constitution concerning the time, place and manner of holding elections, etc.; and from the decision that the control of party primaries is purely a State affair. Newberry v. United States, 256 U. S. 232. But the power of Congress over the conduct of officers and employees of the Government no more depends upon authority over the ultimate purposes of that conduct than its power to punish a use of the mails for a fraudulent purpose is limited by its inability to punish the intended fraud. Badders v. United States, 240 U. S. 391. It hardly needs argument to show that Congress. may provide that its officers and employees neither shall- exercise nor be subjected to pressure for money for political purposes, upon or by others of their[*399] kind, while they retain their office or employment. If argument and illustration are needed they will be found in Ex parte Curtis, 106 U. S. 371, s. c. 12 Fed. 824. See United States v. Thayer, 209 U. S. 39, 42. Neither the Constitution nor the nature of the abuse to be checked requires us to confine the all embracing words of the Act to political purposes within the control of the United States.

It'is argued at some length that the statute, if extended beyond the political purposes under, the control of Congress, is too vague to be valid. The objection to uncertainty concerning the persons embraced need not trouble us now. There is no doubt that the words include representatives, and if there is any difficulty, which we are far from intimating, it will be time enough to consider it when raised by someone whom it concerns. The other objection is to the meaning of “ political purposes.” This would be open even if we accepted the limitations that would make the law satisfactory to the respondent’s counsel. But we imagine that no one not in search of trouble would feel any. Whenever the law draws a line there will be cases very near each other on opposite sides. The precise course of the line.may be uncertain, but no one -can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him také the risk. Nash v. United States, 229 U. S. 373.

It is said to be uncertain which of several sections imposes the penalty and therefore uncertain what the punishment is. That question can be raised when a punishment is to be applied. The elaborate argument against the constitutionality of the Act, if interpreted as we read it, in accordance with its obvious meaning, does not need an elaborate answer. The validity of the Act seems to us free from doubt.

Judgment reversed.