Charles Evans Hughes, Smiley v. Holm — Opinion of the Court
“ Respondent urges that the fact that the words 'by law' are found in the clause relating to the action of the Congress, and not in the clause giving authority to the state Legislature, supports the contention that the latter was not to act in the exercise of the lawmaking power. We think that the inference is strongly to the contrary. It is the nature of the function that makes the phrase 'by law' apposite. That is the same whether it is performed by state or national Legislature, and the use of the phrase places the intent of the whole provision in a strong light. ”
