Legality of Cannabis by U.S. Jurisdiction

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 17 (4 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1819.[1]

Nominative reports[edit]

In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called "nominative reports").

Henry Wheaton[edit]

Starting with the 14th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of United States Reports which correspond to volumes 1 through 12 of his Wheaton's Reports. As such, the dual form of citation to, for example, McCulloch v. Maryland is 17 U.S. (4 Wheat.) 316 (1819).

Justices of the Supreme Court at the time of 17 U.S. (4 Wheat.)[edit]

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[2] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in 17 U.S. (4 Wheat.) were decided, the Court comprised these seven justices:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
John Marshall Chief Justice Virginia Oliver Ellsworth January 27, 1801
(Acclamation)
February 4, 1801

July 6, 1835
(Died)
Bushrod Washington
Associate Justice Virginia James Wilson December 20, 1798
(Acclamation)
November 9, 1798
(Recess Appointment)

November 26, 1829
(Died)
William Johnson
Associate Justice South Carolina Alfred Moore March 24, 1804
(Acclamation)
May 7, 1804

August 4, 1834
(Died)
Henry Brockholst Livingston
Associate Justice New York William Paterson December 17, 1806
(Acclamation)
January 20, 1807

March 18, 1823
(Died)
Thomas Todd
Associate Justice Kentucky new seat March 2, 1807
(Acclamation)
March 3, 1807

February 7, 1826
(Died)
Gabriel Duvall
Associate Justice Maryland Samuel Chase November 18, 1811
(Acclamation)
November 23, 1811

January 12, 1835
(Resigned)
Joseph Story
Associate Justice Massachusetts William Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)

Notable Cases in 17 U.S. (4 Wheat.)[edit]

A bank draft from the Second Bank of the United States, by Daniel Webster, who represented McCulloch

McCulloch v. Maryland[edit]

McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), is a landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures. The dispute in McCulloch involved the legality of the national bank and a tax that the state of Maryland imposed on it. In its ruling, the Supreme Court established that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers that are not explicitly enumerated in the Constitution, and that the American federal government is supreme over the states, and so states' ability to interfere with the federal government is limited.

Sturges v. Crowninshield[edit]

Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122 (1819), dealt with the constitutionality of New York having passed bankruptcy laws and retroactively applying them.

Dartmouth College v. Woodward[edit]

Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518 (1819), is a landmark decision in United States corporate law from the United States Supreme Court dealing with the application of the Contracts Clause of the United States Constitution to private corporations. The case arose when the president of Dartmouth College was deposed by its trustees, leading to the New Hampshire legislature attempting to force the college to become a public institution, and so place the ability to appoint trustees in the hands of the governor of New Hampshire. The Supreme Court upheld the durability of the original charter of the college, which pre-dated the creation of the State.

Citation style[edit]

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in 17 U.S. (4 Wheat.)[edit]

NOTE: Some decisions have alternate pagination, indicated by "{ }."

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Philadelphia Baptist Association v. Hart's Executors 1 (1819) Marshall Story none C.C.D. Va. certification
The Divina Pastora 52 {37} (1819) Marshall none none C.C.D. Mass. reversed
Evans v. Phillips 73 {48} (1819) per curiam none none C.C.D. N.Y. dismissed
Van Ness v. Buel 74 {48} (1819) Story none none C.C.D. Vt. affirmed
Williams v. Peyton's Lessee 77 (1819) Marshall none none C.C.D. Ky. affirmed
The Experiment 84 (1819) Marshall none none C.C.D. Mass. evidentiary decision
Weightman v. Caldwell 85 {53} (1819) Johnson none none C.C.D.C. affirmed
The Sybil 98 {59} (1819) Marshall none none C.C.D.S.C. affirmed
The Caledonian 100 {60} (1819) Story none none C.C.D.R.I. affirmed
The Langdon Cheves 103 (1819) Story none none C.C.D.R.I. affirmed
The Friendschaft 105 (1819) Story none none C.C.D.N.C. affirmed
United States v. Howland 108 {64} (1819) Marshall none none C.C.D. Mass. reversed
Sturges v. Crowninshield 122 {70} (1819) Marshall none none C.C.D. Mass. certification
M'Millan v. M'Neill 209 (1819) Marshall none none D. La. affirmed
Barr v. Gratz's Heirs 213 (1819) Story none none C.C.D. Ky. affirmed
Eliason v. Henshaw 225 {118} (1819) Washington none none C.C.D.C. reversed
Somerville's Executors v. Hamilton 230 (1819) Story none none C.C.D.N.C. certification
Bank of Columbia v. Okely 235 {122} (1819) Johnson none none C.C.D.C. reversed
United States v. Rice 246 {128} (1819) Story none none C.C.D. Mass. affirmed
Brown v. Gilman 255 {132} (1819) Marshall none none C.C.D. Mass. affirmed
The Estrella 298 (1819) Livingston none none D. La. affirmed
Miller ex rel. United States v. Nicholls 311 (1819) Marshall none none Pa. dismissed
M'Culloch v. Maryland 316 (1819) Marshall none none Md. reversed
The General Smith 438 {214} (1819) Story none none C.C.D. Md. reversed
M'Iver's Lessee v. Walker 444 (1819) Marshall none none C.C.D.E. Tenn. reversed
Orr v. Hodgson 453 {221} (1819) Story none none C.C.D.C. affirmed
Astor v. Wells 466 (1819) Johnson none none C.C.D. Ohio affirmed
McArthur v. Browder 488 {237} (1819) Marshall none none C.C.D. Ohio reversed
The Neustra Senora 497 (1819) Johnson none none C.C.D.N.C. affirmed
Wheaton v. Sexton's Lessee 503 {243} (1819) Johnson none none C.C.D.C. reversed
Sergeant's Lessee v. Biddle 508 (1819) Washington none none C.C.D. Del. certification
Boyd's Lessee v. Graves 513 (1819) Duvall none none C.C.D. Ky. affirmed
Dartmouth College v. Woodward 518 {250} (1819) Marshall Washington none N.H. reversed

Notes and references[edit]

  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also[edit]

External links[edit]