Little v. Barreme

Last updated
Little v. Barreme
Seal of the United States Supreme Court.svg
Argued December 16,19, 1801
Decided February 27, 1804
Full case nameGeorge Little, et al. v. Barreme, et al.
Citations6 U.S. 170 ( more )
2 Cranch 170; 2 L. Ed. 243; 1804 U.S. LEXIS 255
Court membership
Chief Justice
John Marshall
Associate Justices
William Cushing  · William Paterson
Samuel Chase  · Bushrod Washington
Case opinion
MajorityMarshall, joined by unanimous
Laws applied
U.S. Const.

Little v. Barreme, 6 U.S. (2 Cranch) 170 (1804), was a United States Supreme Court case in which the Court found that the President of the United States does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the US Congress.

Contents

Summary

A Presidential executive order was invalidated because the President was operating outside of his express Congressional authority.

Facts

The case derived from "an interesting and revealing incident" that occurred during the "Quasi War" with France at the end of the 18th century. [1] The frigate USS Boston commanded by captain George Little captured a Danish vessel, the Flying Fish, by order of the Secretary of the Navy on behalf of President John Adams "to intercept any suspected American ship sailing to or from a French port." [2] The Congress, however, had passed a law authorizing the navy to seize "vessels or cargoes [that] are apparently, as well as really, American" and "bound or sailing to any [French] port" in an attempt to prevent American vessels transporting goods to France. The Flying Fish was sailing from and not to a French port. Captain Little was declared to be liable for executing a command that was illegal. Little appealed to the Supreme Court, where the decision was upheld. Chief Justice John Marshall wrote "Is the officer who obeys [the President's order] liable for damages sustained by this misconstruction of the act, or will his orders excuse him? ... the instructions cannot change the nature of the transaction, or legalize an act which without those instructions would have been a plain trespass." [3]

Procedural history

  1. District Court, found for Petitioner
  2. Circuit Court of Massachusetts, reversed, found for Respondent
  3. United States Supreme Court, affirmed, found for Respondent

Issues

  1. Whether an order of the President, which in effect attempts to make law, can override an act of Congress.
  2. Officers are responsible for execution of illegal commands, despite nature of military chain of command.

Holding

No, an order of the President which is in contradiction with an act of Congress is illegal.

Reasoning

The legislative branch makes laws and the executive branch enforces the laws. The Act of Congress provided only for the capture of vessels traveling to France. "The Flying Fish was on a voyage from, not to, a French port, and was, therefore, had she even been an American vessel, not liable to be captured on the high seas." The Act limited the president's authority by only allowing the capture of certain vessels. The President acted contrary to these limitations.

See also

Related Research Articles

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.

<span class="mw-page-title-main">Article Two of the United States Constitution</span> Portion of the US Constitution regarding the executive branch

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

<span class="mw-page-title-main">Federal government of the United States</span> National government of the United States

The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.

<span class="mw-page-title-main">War Powers Resolution</span> 1973 U.S. federal law (50 U.S.C. 1541-48)

The War Powers Resolution is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".

<span class="mw-page-title-main">United States Revenue Cutter Service</span> Precursor to the U.S. Coast Guard

The United States Revenue Cutter Service was established by an act of Congress on 4 August 1790 as the Revenue-Marine upon the recommendation of Secretary of the Treasury Alexander Hamilton to serve as an armed customs enforcement service. As time passed, the service gradually gained missions either voluntarily or by legislation, including those of a military nature. It was generally referred to as the Revenue-Marine until 31 July 1894, when it was officially renamed the Revenue Cutter Service. The Revenue Cutter Service operated under the authority of the U.S. Department of the Treasury. On 28 January 1915, the service was merged by an act of Congress with the United States Life-Saving Service to form the United States Coast Guard.

<span class="mw-page-title-main">Separation of powers under the United States Constitution</span> Overview of the separation of powers under the United States Constitution

Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.

George Little was a United States Navy officer. He served in the Massachusetts State Navy during the Revolutionary War and in the United States Navy during the Quasi-War with France.

United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), was a decision of the United States Supreme Court concerning the foreign affairs powers of the President of the United States. It held that the President, as the nation's "sole organ" in international relations, was therefore innately vested with significant powers over foreign affairs, far exceeding those permitted in domestic matters or accorded to the U.S. Congress. The Court's majority reasoned that although the U.S. Constitution does not explicitly provide for such authority, the powers are implicit in the President's constitutional role as commander-in-chief and head of the executive branch.

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), also commonly referred to as the Steel Seizure Case or the Youngstown Steel case, was a landmark United States Supreme Court decision that limited the power of the President of the United States to seize private property. The case served as a check on the most far-reaching claims of executive power at the time and signaled the Court's increased willingness to intervene in political questions.

The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.

Congressional oversight is oversight by the United States Congress over the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearings by standing committees; which is specialized investigations by select committees; and reviews and studies by congressional support agencies and staff.

<span class="mw-page-title-main">NSA warrantless surveillance (2001–2007)</span> Part of Terrorist Surveillance Program

NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — refers to the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.

United States v. Hudson and Goodwin, 11 U.S. 32 (1812), was a case in which the United States Supreme Court held that Congress must first enact a constitutional law criminalizing an activity, attach a penalty, and give the federal courts jurisdiction over the offense in order for the court to render a conviction.

Strawbridge v. Curtiss, 7 U.S. 267 (1806), was a case in which the Supreme Court of the United States first addressed the question of complete diversity for diversity jurisdiction.

Talbot v. Seeman, 5 U.S. 1 (1801), was a United States Supreme Court case. It involved maritime law, specifically the circumstances under which salvage rights attach to a neutral vessel captured by enemy forces and then recaptured by the United States Navy.

United States v. Schooner Peggy, 5 U.S. 103 (1801), was a United States Supreme Court case. It was one of a series of cases resolving disputes over ships captured during the undeclared Quasi-War between the United States and France from 1798 to 1800. The vessel was ordered returned to France.

<span class="mw-page-title-main">Criminal law in the Marshall Court</span>

The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are United States v. Simms (1803), United States v. More (1805), Ex parte Bollman (1807), United States v. Hudson (1812), Cohens v. Virginia (1821), United States v. Perez (1824), Worcester v. Georgia (1832), and United States v. Wilson (1833).

United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

References

  1. Woods, Thomas (2005-07-07) Presidential War Powers, LewRockwell.com
  2. Smith, Jean Edward (1996). John Marshall: Definer of A Nation. New York: Henry Holt and Company. p. 339. ISBN   0-8050-1389-X.
  3. Blumrosen, Alfred; Blumrosen, Steven (2011). "Restoring the Congressional Duty to Declare War". Rutgers Law Review . 63: 407–519.

Further reading