''Little v. Barreme'', 6 U.S. (2 Cranch) 170 (1804), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case in which the Court found that the

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...

does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the

US Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washingto ...

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 The Quasi-War (french: Quasi-guerre) was an undeclared naval war fought from 1798 to 1800 between the United States and the French First Republic, primarily in the Caribbean and off the East Coast of the United States. The ability of Congress ...

" with France at the end of the 18th century. The frigate USS ''Boston'' commanded by captain George Little captured a

Danish Danish may refer to: * Something of, from, or related to the country of Denmark People * A national or citizen of Denmark, also called a "Dane," see Demographics of Denmark * Culture of Denmark * Danish people or Danes, people with a Danish a ...

vessel, the ''Flying Fish'', by order of the

Secretary of the Navy The secretary of the Navy (or SECNAV) is a statutory officer () and the head (chief executive officer) of the Department of the Navy, a military department (component organization) within the United States Department of Defense. By law, the se ...

on behalf of President

John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...

"to intercept any suspected American ship sailing ''to'' or ''from'' a French port." The

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

, however, had passed a law authorizing the navy to seize "vessels or cargoes

hat A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...

are apparently, as well as really, American" and "bound or sailing to any

rench The Rench is a right-hand tributary of the Rhine in the Ortenau (Baden (Land), Central Baden, Germany). It rises on the southern edge of the Northern Black Forest at Kniebis near Bad Griesbach im Schwarzwald. The source farthest from the mouth is ...

port" in an attempt to prevent American vessels transporting goods to

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

. 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 John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...

wrote "Is the officer who obeys he President's orderliable 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."

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 illegal.

Reasoning

The

legislative branch A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as ...

makes laws and the

executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...

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.

References

External links

*
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"
{{USArticleIII France–United States relations United States admiralty case law United States Constitution Article Three case law United States Supreme Court cases United States Supreme Court cases of the Marshall Court 1804 in United States case law United States federal sovereign immunity case law Quasi-War United States executive orders United States presidential history Denmark–United States relations