Little v. Barreme

SCOTUSCase
Litigants=Little v. Barreme
ArgueDate=
ArgueYear=
DecideDate=February 27
DecideYear=1804
FullName=George Little, et al. v. Barreme, et al.
USVol=6
USPage=170
Citation=2 L. Ed. 243; 1804 U.S. LEXIS 255; 2 Cranch 170
Prior=
Subsequent=
Holding=
SCOTUS=1801-1804
Majority=Marshall
JoinMajority="unanimous"
LawsApplied=U.S. Const.

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

ummary

Pro DN, Pres order overstepped a congressional act, such action by president was not constitutional.

Facts

The frigate USS "Boston" commanded by captain George Little captured a Danish vessel, the "Flying Fish", under orders 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." [Smith, Jean Edward. "John Marshall: Definer of A Nation".(c) 1996, Henry Holt and Company, Inc. New York, NY. p. 339] 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 in nature. Little appealed the decision to the Supreme Court.

Procedural history

# District Court, found for Petitioner
# Circuit Court of Massachusetts, reversed, found for Respondent
# United States Supreme Court, affirmed, found for Respondent

Issues

# Whether an order of the President, which in effect attempts to make law, can override an act of Congress.
# 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 illegally put forth.

Reasoning

The legislative branch makes laws and the executive branch enforces the laws. The Act of Congress only provided 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 capture 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.

ee also

* List of United States Supreme Court cases, volume 6

References

External links

* [http://laws.findlaw.com/us/6/170.html Full text of the decision courtesy of Findlaw.com]
* [http://www.loveallpeople.org/inherentpowers.html LoveAllPeople.org: "Inherent Presidential Power Is Always Subject To The Inherent Congressional Powers To Make The Laws And Enforce Oversight Of The Executive Branch, Even In Time Of War"]