Dissent in the Prize Cases (1863)

E251553

Dissent in the Prize Cases (1863) is a notable Supreme Court opinion in which Justice Samuel Nelson argued against the majority’s validation of President Lincoln’s Civil War blockade powers.

All labels observed (2)

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Statements (46)

Predicate Object
instanceOf United States Supreme Court dissenting opinion
judicial opinion
addresses relationship between domestic rebellion and international war under U.S. law
scope of commander-in-chief power
argues President cannot impose a blockade under the law of nations absent a recognized state of war
judicial deference to the political branches must respect constitutional allocations of war powers
associatedWithPresident Abraham Lincoln
author Samuel Nelson
authoredBy Justice Samuel Nelson
caseCitation 67 U.S. (2 Black) 635
citedIn later scholarship on separation of powers and war powers
concernedWith legality of Union naval blockade of Confederate ports
constitutionalBasisDiscussed Article I of the United States Constitution
Article II of the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
criticizes unilateral presidential initiation of hostilities
date 1863
hasJustice Samuel Nelson
historicalContext American Civil War
historicalSignificance early articulation of limits on presidential war powers
jurisdiction United States of America
surface form: United States
language English
legalIssue blockade authority
presidential war powers
separation of powers
opinionType dissent
opposesHoldingOf majority opinion in the Prize Cases
opposesViewThat the Civil War created a de facto war authorizing full belligerent rights without prior congressional action
pageInUSReports 635
partOf Prize Cases
positionOnBlockade argued against validation of President Lincoln’s blockade powers without congressional authorization
publishedIn United States Reports
relatedDoctrine law of blockade
law of prize and capture
relatedField admiralty and maritime law
constitutional law
international law
relatedToCase The Prize Cases
roleOfSamuelNelson Associate Justice of the Supreme Court of the United States
supportsPrinciple Congressional control over declaration of war
strict construction of executive power in wartime
supportsViewThat recognition of war and belligerent rights is primarily a legislative function
viewOnWarStatus emphasized that a state of war must be recognized by Congress
volumeInUSReports 67
yearDecided 1863

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Samuel Nelson notableWork Dissent in the Prize Cases (1863)
Justice Samuel Nelson notableCase Dissent in the Prize Cases (1863)
subject surface form: Samuel Nelson
this entity surface form: The Prize Cases (dissented)