Reid v. Covert
Encyclopedia
Reid v. Covert, , is a landmark case in which the United States Supreme Court
ruled that the Constitution
supersedes international treaties
ratified by the United States Senate
. According to the decision, "this Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty," although the case itself was with regard to an executive agreement, not a "treaty" in the U.S. legal sense, and the agreement itself has never been ruled unconstitutional.
The case involved Mrs. Covert, who had been convicted by a military tribunal
of murder
ing her husband. At the time of Mrs. Covert's alleged offense, an executive agreement was in effect between the United States
and United Kingdom
which permitted United States' military courts to exercise exclusive jurisdiction
over offenses committed in Great Britain
by American servicemen or their dependents. The Court found that "no agreement with a foreign nation can confer power on the Congress
, or on any other branch of Government, which is free from the restraints of the Constitution." The Court's core holding of the case is that civilian wives of soldiers may not be tried under military jurisdiction, because the Fifth Amendment's
grant for military jurisdiction, i.e. "except in cases arising in the land and naval forces" cannot sweep in the jury-trial requirement reflected in the Fifth and Sixth Amendments
.
Justice Harlan's concurrence was premised on the idea that the Constitution applies overseas, unless its application was "impracticable and anomalous." He found that providing Fifth Amendment rights extra-territorially was impracticable and anomalous.
The Court agreed with the petitioners, concluding that as United States citizens they were entitled to the protections of the Bill of Rights, notwithstanding that they committed crimes in foreign soil. The Court distinguish Reid from the Insular Cases:
The “Insular Cases
” can be distinguished from the present cases in that they involved the power of Congress to provide rules and
regulations to govern temporarily territories with wholly dissimilar traditions and institutions.
Justice Black
declared: “neither the cases nor their reasoning should be given any further expansion. The concept that the Bill of Rights and other constitutional protections against arbitrary government are inoperant when they become inconvenient or when expediency dictates otherwise is a very dangerous doctrine and if allowed to flourish would destroy the benefit of a written Constitution and undermine the basis of our government”.
The case made Mrs. Covert's lawyer, Frederick Bernays Wiener
, famous in legal history; the case represents the only time a lawyer lost in the Supreme Court of the United States but prevailed on rehearing.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
supersedes international treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
ratified by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. According to the decision, "this Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty," although the case itself was with regard to an executive agreement, not a "treaty" in the U.S. legal sense, and the agreement itself has never been ruled unconstitutional.
The case involved Mrs. Covert, who had been convicted by a military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing her husband. At the time of Mrs. Covert's alleged offense, an executive agreement was in effect between the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
which permitted United States' military courts to exercise exclusive jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over offenses committed in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
by American servicemen or their dependents. The Court found that "no agreement with a foreign nation can confer power on the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, or on any other branch of Government, which is free from the restraints of the Constitution." The Court's core holding of the case is that civilian wives of soldiers may not be tried under military jurisdiction, because the Fifth Amendment's
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
grant for military jurisdiction, i.e. "except in cases arising in the land and naval forces" cannot sweep in the jury-trial requirement reflected in the Fifth and Sixth Amendments
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
.
Justice Harlan's concurrence was premised on the idea that the Constitution applies overseas, unless its application was "impracticable and anomalous." He found that providing Fifth Amendment rights extra-territorially was impracticable and anomalous.
The Court agreed with the petitioners, concluding that as United States citizens they were entitled to the protections of the Bill of Rights, notwithstanding that they committed crimes in foreign soil. The Court distinguish Reid from the Insular Cases:
The “Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
” can be distinguished from the present cases in that they involved the power of Congress to provide rules and
regulations to govern temporarily territories with wholly dissimilar traditions and institutions.
Justice Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
declared: “neither the cases nor their reasoning should be given any further expansion. The concept that the Bill of Rights and other constitutional protections against arbitrary government are inoperant when they become inconvenient or when expediency dictates otherwise is a very dangerous doctrine and if allowed to flourish would destroy the benefit of a written Constitution and undermine the basis of our government”.
The case made Mrs. Covert's lawyer, Frederick Bernays Wiener
Frederick Bernays Wiener
Frederick Bernays "Fritz" Wiener was an American jurist specializing in military justice and constitutional law who became famous for the 1957 case of Reid v. Covert, which represents the only time a lawyer lost in the Supreme Court of the United States but prevailed on rehearing...
, famous in legal history; the case represents the only time a lawyer lost in the Supreme Court of the United States but prevailed on rehearing.