HIUS 3752 - Cases
Zenger's Case first time the argument was made for truth as a good
defense (chief justice declare that truth is worse because it is actually
believable); last trial under royal judges for seditious libel; Hamilton argued
that common law was subject to adaptation in colony based upon specific
environmental conditions; the glorious revolution did not impact the laws of
seditious libel in England at all
Respublica v. Oswald innovation in Pennsylvania - truth shall be a good
defense
Commonwealth v. Freeman both said seditious things about state officials
and prosecuted in state court - charge jury just like in Zenger case; the
freedom of press clause means there can be no censorship
United States v. Henfield Henfield worked on Fr. Privateering vessel
during the revolution; court declare that Jefferson's use of an executive order
prohibiting privateering was unconstitutional because there was no statute
saying this was a crime - no state has jurisdiction over national peace
United States v. Ravara Ravara was indicted for sending letters to Britain from
Genoa; states do not have jurisdiction over diplomatic officials in US, even if
the crime is typically under the Circuit Court's jurisdiction (time and memorial)
United States v. Worrall unsuccessfully try to bribe US commissioner of
revenue - Congress had passed a statute outlawing this, but state courts did
not have jurisdiction and could only be prosecuted under common law
,Chae Ping v. United States the Chinese Exclusion Act was constitutional as
an inherent power because every nation has the right to decide who can come
into their country or not
United States v. Matthew Lyon Lyon was a Vermont congressman up for
re-election who published a letter about John Addams; letter was declared
seditious libel and Lyon was convicted
United States v. Thomas Cooper Justice Chase insulted the defendant
from the bench and introduced new facts from the bench
United States v. James Calendar Justice Chase impeached for high crimes
and misdemeanors for challenging witnesses of an editorial against Adams
Crosswell v. People indicted for publishing an article charging Jefferson
with paying Calendar to publish seditious comments about Washington,
Hamilton, and Addams - make same argument about truth as used in Zenger
(lose), appeal and lose, but NY Governor release him because agree that
truth is a good defense; led to New York Act of 1805
Holmes v. Walton first exercise of judicial review; Holmes performed a seizure
of loyalist properties (100 things of silk) on Eliza Walton, which was legalized
by a NJ statute - violate right to trial by jury in constitution
Champion v. Casey first act of judicial review - court declared that an act
of Rhode Island allowing an Englishman to wait 3 years before settling
accounts without losing property was unconstitutional
Hayburn's Case Justice Wilson declare it is improper for the federal judiciary
to make the decision on eligibility of army vets for federal pensions while
being subject to review by the Secretary of War
, Bushel's Case judge jail jurors for making a decision in direct opposition to
the court's law court of appeals ruled that the judge does not have any control
over the bodies of the jurors
Maury v. Fredericksville Parish lawyer's ask for new trial because judge's
law ignored by jury (did not follow precedent for damages); in Britain by 1763
it was customary for trial judges aside verdicts if against opinion or law of
judge - not true in colony
United States v. Hudson & Goodwinfederal prosecutor in Connecticut
prosecuted for libeling against TJ; case rose to the Supreme Court, but James
Madison did not think that the federal government had jurisdiction for common
law - did not want coextensivity principle to apply; Justice Johnson declared
that new libertarianism had triumphed as a matter of law - certain implied
powers that are necessary apply to courts that congress had not given them,
but the power to punish people for crimes against the United States is not one
of those powers
United States v. Coolidge grand theft ship - American man captured
British ship as a prize (authorized by Congress), but Coolidge stole it and
brought it to Baltimore; Supreme Court of US declare there is no common law
crimes against the common courts - Coolidge walks
Rutgers v. Wattington Rutgers sue Wattington (British) under Trespass Act
of NY, but Alexander Hamilton argued that only the national government had
the power to regulate foreign trade and NY Trespass Act violated the treaty
and undermined the power of congress - state court uphold argument, but did
not think the judiciary should be above the parliament (not judicial review)
Marbury v. Madison Marbury receive a commission, but it was not
delivered, but since there is no District or Circuit Court for DC there was no
court to sue for Writ of Mandamus (section 13 of the Judiciary Act said that
Zenger's Case first time the argument was made for truth as a good
defense (chief justice declare that truth is worse because it is actually
believable); last trial under royal judges for seditious libel; Hamilton argued
that common law was subject to adaptation in colony based upon specific
environmental conditions; the glorious revolution did not impact the laws of
seditious libel in England at all
Respublica v. Oswald innovation in Pennsylvania - truth shall be a good
defense
Commonwealth v. Freeman both said seditious things about state officials
and prosecuted in state court - charge jury just like in Zenger case; the
freedom of press clause means there can be no censorship
United States v. Henfield Henfield worked on Fr. Privateering vessel
during the revolution; court declare that Jefferson's use of an executive order
prohibiting privateering was unconstitutional because there was no statute
saying this was a crime - no state has jurisdiction over national peace
United States v. Ravara Ravara was indicted for sending letters to Britain from
Genoa; states do not have jurisdiction over diplomatic officials in US, even if
the crime is typically under the Circuit Court's jurisdiction (time and memorial)
United States v. Worrall unsuccessfully try to bribe US commissioner of
revenue - Congress had passed a statute outlawing this, but state courts did
not have jurisdiction and could only be prosecuted under common law
,Chae Ping v. United States the Chinese Exclusion Act was constitutional as
an inherent power because every nation has the right to decide who can come
into their country or not
United States v. Matthew Lyon Lyon was a Vermont congressman up for
re-election who published a letter about John Addams; letter was declared
seditious libel and Lyon was convicted
United States v. Thomas Cooper Justice Chase insulted the defendant
from the bench and introduced new facts from the bench
United States v. James Calendar Justice Chase impeached for high crimes
and misdemeanors for challenging witnesses of an editorial against Adams
Crosswell v. People indicted for publishing an article charging Jefferson
with paying Calendar to publish seditious comments about Washington,
Hamilton, and Addams - make same argument about truth as used in Zenger
(lose), appeal and lose, but NY Governor release him because agree that
truth is a good defense; led to New York Act of 1805
Holmes v. Walton first exercise of judicial review; Holmes performed a seizure
of loyalist properties (100 things of silk) on Eliza Walton, which was legalized
by a NJ statute - violate right to trial by jury in constitution
Champion v. Casey first act of judicial review - court declared that an act
of Rhode Island allowing an Englishman to wait 3 years before settling
accounts without losing property was unconstitutional
Hayburn's Case Justice Wilson declare it is improper for the federal judiciary
to make the decision on eligibility of army vets for federal pensions while
being subject to review by the Secretary of War
, Bushel's Case judge jail jurors for making a decision in direct opposition to
the court's law court of appeals ruled that the judge does not have any control
over the bodies of the jurors
Maury v. Fredericksville Parish lawyer's ask for new trial because judge's
law ignored by jury (did not follow precedent for damages); in Britain by 1763
it was customary for trial judges aside verdicts if against opinion or law of
judge - not true in colony
United States v. Hudson & Goodwinfederal prosecutor in Connecticut
prosecuted for libeling against TJ; case rose to the Supreme Court, but James
Madison did not think that the federal government had jurisdiction for common
law - did not want coextensivity principle to apply; Justice Johnson declared
that new libertarianism had triumphed as a matter of law - certain implied
powers that are necessary apply to courts that congress had not given them,
but the power to punish people for crimes against the United States is not one
of those powers
United States v. Coolidge grand theft ship - American man captured
British ship as a prize (authorized by Congress), but Coolidge stole it and
brought it to Baltimore; Supreme Court of US declare there is no common law
crimes against the common courts - Coolidge walks
Rutgers v. Wattington Rutgers sue Wattington (British) under Trespass Act
of NY, but Alexander Hamilton argued that only the national government had
the power to regulate foreign trade and NY Trespass Act violated the treaty
and undermined the power of congress - state court uphold argument, but did
not think the judiciary should be above the parliament (not judicial review)
Marbury v. Madison Marbury receive a commission, but it was not
delivered, but since there is no District or Circuit Court for DC there was no
court to sue for Writ of Mandamus (section 13 of the Judiciary Act said that
