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United States v. Driscoll

• 1877 • 96 U.S. 421 • Waite Court
In United States v. Driscoll, the United States Supreme Court was asked to decide whether a federal statute that prohibited the sale of liquor within four miles of a military post was constitutional. The defendant, Driscoll, was charged with violating the statute by selling liquor within the prohibited area. The Court held that the statute was constitutional, finding that Congress had the power to pass such a law under the Necessary and Proper Clause of the Constitution. The Court reasoned...Open Case
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Chief Waite Court
Term: 1877
Docket: 1053
96 U.S. 421
24 L. Ed. 847
1877 U.S. LEXIS 1680
Argued: Apr 26, 1878

United States v. Driscoll

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Opinion Summary
AI Abstract

In United States v. Driscoll, the United States Supreme Court was asked to decide whether a federal statute that prohibited the sale of liquor within four miles of a military post was constitutional. The defendant, Driscoll, was charged with violating the statute by selling liquor within the prohibited area. The Court held that the statute was constitutional, finding that Congress had the power to pass such a law under the Necessary and Proper Clause of the Constitution. The Court reasoned that Congress had the power to pass laws to protect the military from the effects of alcohol, and that the four-mile restriction was a reasonable exercise of that power. The Court also held that the statute did not violate the defendant's right to due process, as the statute was not overly broad or vague. The Court noted that the statute was clear and specific, and that it provided sufficient notice to the defendant of the prohibited conduct. In conclusion, the Court held that the federal statute prohibiting the sale of liquor within four miles of a military post was constitutional.

Dissent Summary
AI Abstract

In United States v. Driscoll, the Supreme Court was tasked with determining whether a certain piece of land in California belonged to the United States or to an individual named John Driscoll. The majority opinion held that it belonged to the United States because it had been acquired by treaty from Mexico and therefore did not require any further proof of title. Justice Field dissented, arguing that while Congress may have had authority over foreign territories, they could not take away private property without due process of law as required by the Fifth Amendment. He argued that since there was no evidence presented at trial proving ownership other than what was provided in a Mexican grant deed, which he believed should be considered invalid under American law, then Mr. Driscoll's claim should stand and he should be allowed possession of his land until such time as Congress passed legislation specifically authorizing its acquisition for public use or benefit.

Opinion written by Justice NHSwayne
Decided: May 06, 1878
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