The landmark case is Wayman v. Southard,332 which sustained the validity of the Process Acts of 1789 and 1792 as a valid exercise of authority under the necessary and proper clause.
The District Court sustained the validity of sections 4(a) and 5, and granted an injunction accordingly.
3 This court has repeatedly sustained the validity of similar prohibitions.
In Peters v. New York, 392 U.S. 40 (1968), the Court sustained the validity of a search and seizure by holding that it was incident to a legal arrest.
The case was a very close one, and two members of the court joined in a strong dissent from the opinion which sustained their validity.
But the State Supreme Court has sustained the validity of the program on the ground that the Illinois statutes granted the board authority to establish such a program.
The opinion refers to the Hirabayashi case, supra, to show that this court has sustained the validity of a curfew order in an emergency.
6 When Iowa superimposed upon its general antitrust law an additional penalty in the case of fire insurance combinations, this Court sustained the validity of the statute.
Motions in arrest of judgment and for new trial having been denied, the case was taken to the supreme court of Kansas, which affirmed the judgment, and sustained the validity of the statute.
It was because we could not reject the finding of the military authorities that it was impossible to bring about an immediate segregation of the disloyal from the loyal that we sustained the validity of the curfew order as applying to the whole group".
While we have sustained the validity of searches of the home of a person validly arrested (Agnello v. United States, 269 U.S. 20, 46 S.Ct. 4, 70 L.Ed. 145; Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399; United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653) we have stressed that the bounds of such searches are not unlimited.
