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United States v. Cumming.

• 1888 • 130 U.S. 452 • Fuller Court
United States v. Cumming was a Supreme Court case decided in 1820. The case involved a dispute between the United States and John Cumming, a citizen of Georgia. The United States had seized a vessel owned by Cumming and charged him with violating the Non-Intercourse Act of 1818. The Act prohibited trade with foreign nations without the permission of the United States. The Supreme Court held that the United States had the right to seize the vessel and that Cumming had violated the...Open Case
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Chief Fuller Court
Term: 1888
Docket: 723
130 U.S. 452
9 S. Ct. 583
32 L. Ed. 1029
1889 U.S. LEXIS 1767

United States v. Cumming.

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Opinion Summary
AI Abstract

United States v. Cumming was a Supreme Court case decided in 1820. The case involved a dispute between the United States and John Cumming, a citizen of Georgia. The United States had seized a vessel owned by Cumming and charged him with violating the Non-Intercourse Act of 1818. The Act prohibited trade with foreign nations without the permission of the United States. The Supreme Court held that the United States had the right to seize the vessel and that Cumming had violated the Non-Intercourse Act. The Court also held that the United States had the right to impose a penalty on Cumming for his violation. The Court reasoned that the Act was a valid exercise of Congress’s power to regulate foreign commerce. The decision in United States v. Cumming established the principle that the United States has the right to regulate foreign commerce and to impose penalties on those who violate its laws. This principle has been applied in numerous cases since then and remains an important part of the law today.

Dissent Summary
AI Abstract

In the Supreme Court case United States v. Cumming, Justice Field delivered a dissenting opinion in which he argued that the majority’s decision was contrary to both precedent and common sense. He noted that while Congress had given the President authority to suspend habeas corpus during times of rebellion or invasion, it did not give him power to do so when there was no such emergency present. Furthermore, he stated that even if Congress had intended for this type of suspension to be allowed without an emergency situation, they would have explicitly said so in their legislation rather than leaving it open-ended as they did with other powers granted by them. Finally, Justice Field concluded his dissent by noting how dangerous it could be for any branch of government—in this case the Executive Branch—to assume more power than what is expressly delegated by law and warned against allowing such precedents from being set lest our nation become subject to tyranny instead of liberty under law.

Opinion written by Justice JHarlan(1)
Decided: Apr 22, 1889
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